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Balan vs State Of Kerala on 27 August, 2010

Kerala High Court
Balan vs State Of Kerala on 27 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5152 of 2010()


1. BALAN, S/O.KANNAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, THROUGH THE EXCISE
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :27/08/2010

 O R D E R

P.BHAVADASAN, J.

————————————-

BA No.5152 of 2010-F

————————————-
Dated 27th August 2010

Order

This is a petition filed under S.439 of the

Criminal Procedure Code, seeking bail.

2. The petitioner is involved in Crime

No.27/2010 of Vatakara Excise Range for having

committed the offence punishable under S.55(a) of the

Kerala Abkari Act read with R.9 of the Foreign Liquor

Rules.

3. The Prosecution allegation is that on

16.08.2010, the petitioner was found to be in possession of

3.42 litres of Indian made foreign liquor. The petitioner

points out that he is totally innocent and has been falsely

implicated in the case. According to him, his continued

custody is unnecessary. He, therefore, seeks bail.

4. The learned Public Prosecutor opposed the

application, pointing out that the investigation is not yet

BA No.5152/10 2

complete.

5. Being an offence falling under the Abkari Act,

major part of the investigation must have been complete by

now. Considering the quantity of the liquor seized, it is felt

that continued custody of the petitioner is unnecessary.

In the result, this application is allowed as

follows :

1. The petitioner shall be released on bail on executing a

bond for Rs.15,000/- (Rupees Fifteen Thousand only) with

two solvent sureties for the like sum, each to the

satisfaction of the JFCM, Vatakara.

2. The petitioner shall report before the Investigating

Officer on every Wednesday between 10 a.m. and 11 a.m.

till final report is laid.

3. The petitioner shall not tamper or attempt to tamper with

the evidence or influence or try to influence the witnesses.

P.BHAVADASAN, JUDGE

sta

BA No.5152/10 3

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