IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4135 of 2006()
1. RAJU, S/O. YOHANNAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.VINOY VARGHESE KALLUMOOTTILL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :12/07/2006
O R D E R
J.M.JAMES, J.
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B.A.4135/2006
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DATED THIS THE 12TH DAY OF JULY, 2006
O R D E R
The petitioner approached this Court, under
Section 438 Cr.P.C., for a pre-arrest order. It was
rejected. However, he was directed to surrender before
the Court below. Accordingly, on 26.6.2006, the
petitioner surrendered before the Magistrate Court and he
was remanded. The allegation is that the petitioner had
kept thirty three liters of arrack in his house, for sale. On
prior information, Pandalam Police raided the house and
seized the contraband. Crime No.199/2006 was registered
thereafter.
2. Though the petitioner had surrendered before
the Court below, the Investigating Officer had not sought
for the police custody of the petitioner. It only reveal that
the Investigating Officer do not require the petitioner for
further interrogation. Even after filing this application and
supplying the instructions, the investigating officer had not
B.A.4135/2006
2
sought for the police custody, so as to interrogate the
petitioner. In such situation, I grant bail and release the
petitioner from jail, subject to the following conditions:-
(a). The petitioner shall execute a bond for
Rs.25,000/-, with two solvent sureties, each
for the like sum, to the satisfaction of the
Judicial Magistrate of First Class, Adoor.
(b). The petitioner shall report before the
Investigating Officer, once in a week, on
every Monday, between 10.00 a.m and
11.00 a.m., for a period of two months,
starting from 17.7.2006.
The application is allowed as above.
J.M.JAMES
JUDGE
mrcs