IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2121 of 2007()
1. JAYAPRAKASH, S/O.THULASI,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
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.
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B.A. NO. 2121 OF 2007
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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 Crime No.169
of 2007, Pala Police Station. The offence alleged
against him is under Section 8(i) and 8(ii) of the
Abkari Act.
3. The petitioner moved an application for bail
before the Court of Judicial Magistrate of the First
Class, Pala, but the same was dismissed by the order
dated 22.3.2007.
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 in judicial custody since 18.3.2007 and
B.A.NO. 2121 OF 2007
:: 2 ::
that the petitioner was not involved in any other
offence of a similar nature. Learned Public Prosecutor
submits that there is no other case of a similar nature
in which the petitioner is involved. The prosecution
case is that the petitioner was found in possession of
30 litres of arrack.
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.35,000/- with two solvent
sureties each for the like amount to the satisfaction
of the Judicial Magistrate of the First Class, Pala.
(K.T.SANKARAN)
Judge
ahz/