IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2120 of 2007(K)
1. KOOLERI RAJAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/04/2007
O R D E R
K.T. SANKARAN, J.
---------------------------------
B.A. NO. 2120 OF 2007
---------------------------------
Dated this the 17th day of April, 2007
O R D E R
This is an application for bail under Section 439
of the Code of Criminal Procedure.
2. The petitioner is the accused in C.R. No.12 of
2007 of Excise Range, Payyanur. The offence alleged
against him is under Section 8(i) and 8(ii) of the
Abkari Act.
3. The petitioner moved applications for bail
before the Court of Sessions, Thalassery, but the same
were dismissed by the orders dated 16.3.2007 and
27.3.2007.
4. Heard the learned counsel for the petitioner
and the learned Public Prosecutor. It is submitted by
the learned counsel for the petitioner that the
petitioner is undergoing detention from 9.3.2007
onwards. The prosecution case is that the petitioner
B.A.NO. 2120 OF 2007
:: 2 ::
was found in possession of six litres of arrack.
Though it is alleged that the petitioner is involved in
other cases, there is no case that he has been
punished. The petitioner undertakes that he will not
indulge in similar activities as alleged and that he is
prepared to abide by any of the conditions that may be
imposed.
In the facts and circumstances of the case, I am
inclined to grant bail to the petitioner. The
petitioner shall be released on bail on condition that
he executes a bond for Rs.25,000/- with two solvent
sureties each for the like amount to the satisfaction
of the Judicial Magistrate of the First Class, Payyanur
and also on condition that the petitioner shall appear
before the investigating officer on every Wednesday
between 10 a.m and 12 noon until final report is filed.
(K.T.SANKARAN)
Judge
ahz/