High Court Kerala High Court

Ajayakumar @ Unni vs State Of Kerala on 19 August, 2009

Kerala High Court
Ajayakumar @ Unni vs State Of Kerala on 19 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4580 of 2009()


1. AJAYAKUMAR @ UNNI,S/O.ARJUNAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.  K.SIJU

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :19/08/2009

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                      B.A. No. 4580 of 2009
                 ------------------------------------
             Dated this the 19th day of August, 2009

                             O R D E R

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is accused No.2 in

Crime No. 304/2009 of Kulathupuzha Police Station.

2. The offence alleged against the petitioner is under

Section 55 (a) (i) of the Abkari Act.

3. The prosecution case is that on 1.08.2009, a quantity of

38.40 litres of Indian made foreign liquor kept for sale was seized

from the toilet in the ground floor of a four storied building. The

first accused is running a hotel in the ground floor. It is stated

that the third accused is the owner of the building and the second

accused is the Manager.

4. The learned counsel for the petitioner submitted that

the place from where Indian made foreign liquor was seized, was

rented out to the first accused by the landlord as per Annexure 2

rent deed dated 24.04.2009 and therefore, the petitioner has no

connection with the alleged storage of the Indian made foreign

liquor for sale in the ground floor of the building. It is also

B.A. No. 4580 of 2009 2

pointed out that there is no case that the second accused was

found engaged in the sale of Indian made foreign liquor.

5. The petitioner was arrested on 01.08.2009 and he is in

judicial custody. For the purpose of disposing of this Bail

Application, it is not necessary to arrive at a finding on the

respective contentions of the accused as well as the prosecution,

as it would cause prejudice either to the prosecution or to the

defence. The petitioner is in judicial custody since 01.08.2009.

4. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

petitioner, the nature of the offence and the present stage of

investigation, I am of the view that bail can be granted to the

petitioner.

5. The petitioner shall be released on bail on his executing

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, Punalur subject to the following conditions:-

A) The petitioner shall report before the
Investigating Officer between 9 A.M. and
11 A.M. on all Mondays, till the final
report is filed or until further orders.

B.A. No. 4580 of 2009 3

B) The petitioner shall appear before the
Investigating Officer for interrogation as
and when required.

C) The petitioner shall not try to influence
the prosecution witnesses or tamper with
the evidence.

               D)      The petitioner shall not commit any
                     offence or indulge in any prejudicial
                     activity while on bail.

               E)    In case of breach of any of the conditions

mentioned above, the bail shall be liable
to be cancelled.

The Bail Application is allowed as above.

K.T. SANKARAN, JUDGE

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