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.
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B.A. No. 4580 of 2009
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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.
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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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