High Court Kerala High Court

Raju vs State Of Kerala on 12 July, 2006

Kerala High Court
Raju vs State Of Kerala on 12 July, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4135 of 2006()


1. RAJU, S/O. YOHANNAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.VINOY VARGHESE KALLUMOOTTILL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

 Dated :12/07/2006

 O R D E R
                           J.M.JAMES, J.
                             --------------
                          B.A.4135/2006
                           ------------------
      DATED THIS THE 12TH DAY OF JULY, 2006


                             O R D E R

The petitioner approached this Court, under

Section 438 Cr.P.C., for a pre-arrest order. It was

rejected. However, he was directed to surrender before

the Court below. Accordingly, on 26.6.2006, the

petitioner surrendered before the Magistrate Court and he

was remanded. The allegation is that the petitioner had

kept thirty three liters of arrack in his house, for sale. On

prior information, Pandalam Police raided the house and

seized the contraband. Crime No.199/2006 was registered

thereafter.

2. Though the petitioner had surrendered before

the Court below, the Investigating Officer had not sought

for the police custody of the petitioner. It only reveal that

the Investigating Officer do not require the petitioner for

further interrogation. Even after filing this application and

supplying the instructions, the investigating officer had not

B.A.4135/2006
2

sought for the police custody, so as to interrogate the

petitioner. In such situation, I grant bail and release the

petitioner from jail, subject to the following conditions:-

(a). The petitioner shall execute a bond for
Rs.25,000/-, with two solvent sureties, each
for the like sum, to the satisfaction of the
Judicial Magistrate of First Class, Adoor.

(b). The petitioner shall report before the
Investigating Officer, once in a week, on
every Monday, between 10.00 a.m and
11.00 a.m., for a period of two months,
starting from 17.7.2006.

The application is allowed as above.

J.M.JAMES
JUDGE

mrcs