IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4523 of 2007()
1. KUMAR ALIAS KALLA KUMAR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SMT.P.A.ANITHA
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :23/07/2007
O R D E R
R. BASANT, J.
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B.A.No. 4523 of 2007
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Dated this the 23rd day of July, 2007
O R D E R
Second application for regular bail. The petitioner faces
allegations under the Kerala Abkari Act. He was allegedly found to
be in possession of 1 litre of arrack and 62 grams of ganja on
26.5.2007. He was arrested and continues in custody from that
date. The offence under the N.D.P.S. Act is bailable. Investigation is
not yet complete. But it is almost complete, submits the learned
Prosecutor.
2. The learned counsel for the petitioners prays, the learned
Public Prosecutor does not seriously oppose the said prayer on
condition that the Investigator is given two months time from the
date of arrest and appropriate and strict conditions are imposed, and I
am satisfied that the petitioners can, notwithstanding the fact that the
petitioner is alleged to be involved in seven other similar crimes,
now be enlarged on bail subject to appropriate terms and conditions.
3. In the result:
1) This application is allowed.
B.A.No. 4523 of 2007
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2) The petitioner shall be released on bail on the following terms and
conditions.
(a) The petitioner shall not be released from custody on the strength
of this order prior to 26.7.2007. The police shall in the meantime make
every endeavour to complete the investigation.
(b) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh
only) with two solvent sureties each for the like sum to be satisfaction of
the learned Magistrate.
(c) He shall make himself available for interrogation before the
Investigating Officer on all Mondays between 10 a.m. and 12 noon until
further orders.
(d) The petitioner shall not, except for the purpose of complying
with condition ) above, enter the Sessions Division of Trivandrum, until
further orders.
(R. BASANT)
Judge
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