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.
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BA No.5152 of 2010-F
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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
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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
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