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Rajendran vs State Of Kerala on 19 June, 2007

Kerala High Court
Rajendran vs State Of Kerala on 19 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3563 of 2007()


1. RAJENDRAN, S/O. SIVADASAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.K.V.ANIL KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :19/06/2007

 O R D E R
                                    R.BASANT, J

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                              B.A.No.3563 Of 2007


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                     Dated this the 19th day of June, 2007


                                        ORDER

Application for regular bail. The petitioner was allegedly found in

possession of 35 litres of spirit on 8.5.2007. He was arrested and

continues in custody from that date. The learned counsel for the

petitioner submits that the petitioner is innocent and directions may be

issued to release the petitioner on bail, subject to appropriate

conditions. The learned Public Prosecutor opposes the application.

Considering the nature and gravity of the offence and the fact that the

petitioner is an accused in another abkari offence, the prosecution is

obliged to oppose the application, submits the learned Public

Prosecutor.

2. In the wake of the opposition by the learned Public Prosecutor,

bail can be granted to the petitioner, only if this Court is in a position

to entertain both the satisfactions contemplated under Section 41A of

the Abkari Act. In the circumstances of this case, I am unable to

entertain either of those two satisfactions. Hence bail cannot be

granted to the petitioner.

B.A.No. 3563 of 2007 2

3. In the result this bail application is dismissed. I may hasten to

observe that the petitioner shall at liberty to move this Court or the

learned Sessions Judge for bail again at a later stage of the

investigation,- not at any rate prior to 30.6.2007. The Investigating

Officer shall, in the meantime make every endeavor to complete the

investigation.

(R.BASANT, JUDGE)

sj

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