P.U.Thamban Nair vs State Of Kerala on 17 April, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2338 of 2007()


1. P.U.THAMBAN NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.T.K.VIPINDAS

                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.

            ---------------------------------

                    B.A. NO. 2338 OF  2007

            ---------------------------------

           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.19

of 2007, Excise Range, Hosdurg. The offence alleged

against him is under Section 55(a) of the Abkari Act.

3. The petitioner moved an application for bail

before the Court of Judicial Magistrate of the First

Class – II, Hosdurg, but the same was dismissed by the

order dated 2.4.2007.

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 under detention since 27.3.2007. The

prosecution case is that the petitioner was found in

B.A.NO. 2338 OF 2007

:: 2 ::

possession of five litres of arrack.

Considering 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.25,000/- with two

solvent sureties each for the like amount to the

satisfaction of the Judicial Magistrate of the First

Class – II, Hosdurg.

(K.T.SANKARAN)

Judge

ahz/