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Rajendran vs State Of Kerala on 27 April, 2010

Kerala High Court
Rajendran vs State Of Kerala on 27 April, 2010
       

  

  

 
 
  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.
           =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                      B.A. No. 2510 of 2010
           =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
               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

2
B.A. No. 2510 of 2010

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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B.A. No. 2510 of 2010

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

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