IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2510 of 2010()
1. RAJENDRAN, S/O.KUTTAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :27/04/2010
O R D E R
P.Q. BARKATH ALI, J.
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B.A. No. 2510 of 2010
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Dated this the 27th day of April, 2010
O R D E R
This is a bail application filed by the accused in
Crime No.143/2010 of Maranalloor Police Station
under section 439 of the Cr.P.C.
2. The allegation against the petitioner is that on
12.4.2010 at about 8 P.M near the pump house at
Aruvikkara in Maranalloor Village, was found to be in
possession of one liter and 900 ml of Indian made
foreign liquor for the purpose of sale and thereby
committed the offence punishable under Section 55
(a) (1) of Abkari Act.
3. The petitioner was arrested on the spot and
is in remand thereafter. The Judicial First Class
Magistrate Court, Kattakada dismissed his bail
application.
4. It is alleged in the petition that the
petitioner is innocent of the offence alleged against
him and that if released on bail he shall abide by any
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conditions that may be imposed by this court.
5. Notice given to the learned Public Prosecutor.
Heard learned counsel for the petitioner and the
learned Public Prosecutor.
6. For the following reasons, I am inclined to
grant bail to the petitioner. Petitioner is in remand
from 12.4.2010 onwards. The accused was found in
possession of 1.900 Liters of Indian made foreign
liquor. An individual can possess up to 3 Liters of
IMFL for personal use as per Government Notification
S.R.O.No.127/99 dated 5.2.1999. Thererfore, I feel
that The petitioner can be released on bail, but
subject to conditions.
7. In the result, the petition is allowed. The
petitioner shall be released on bail on his executing a
bond for Rs.25,000/- with two solvent sureties for like
sum each to the satisfaction of the lower court on the
following conditions:-
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1) The petitioner shall appear before
the Investigating Officer between
10 A.M. and 11 A.M. on all
Mondays.
2) The petitioner shall not commit
similar offence while on bail.
3) The petitioners shall co-operate
with the investigation and shall
not try to influence the
prosecution witnesses or tamper
with the evidence.
4) Petitioner shall not leave the limits
of the jurisdiction of the lower
court without prior permission.
5) If th petitioner violates any of the
conditions mentioned above, lower
court can cancel his bail.
P.Q. BARKATH ALI, JUDGE.
dmb
