IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6239 of 2009()
1. SHAHUL HAMEED @ KANYANA HAMEED
... Petitioner
Vs
1. STATE OF KERALA, REP BY
... Respondent
2. THE SUB INSPECTOR OF POLICE
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :29/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 6239 OF 2009
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Dated this the 29th day of October, 2009
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the accused in Crime No.17 of
2006 of Kumbla Police Station.
2. The offence alleged against the petitioner is under Section
55(a) of the Abkari Act.
3. The prosecution case is that on 19.1.2006, the petitioner
was found transporting 150 packets of arrack, each packet
containing 100 ml. The petitioner could not be arrested as he ran
away. The petitioner was arrested on 14.10.2009 and he was
remanded to judicial custody.
4. Learned counsel for the petitioner submitted that the case
was foisted against him on account of the fact that he disclosed to
the learned Magistrate that he was brutally beaten by the police
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when he was taken to custody in another case. It is alleged that the
police personnel at Manjeswaram Police Station had made a threat
to him that he would be made accused in abkari offence and offence
under the Narcotic Drugs and Psychotropic Substances Act.
Learned Public Prosecutor submitted that all these allegations are
without any substance and these allegations are made only to
escape from this case as well as from the other case.
5. For the purpose of disposal of the Bail Application, it is not
necessary to consider the aforesaid rival contentions.
6. The petitioner is not involved in any other abkari offence,
submits the counsel for the petitioner.
7. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the petitioner,
the nature of the offence and the present stage of investigation, I am
of the view that bail can be granted to the petitioner.
8. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties for the like amount to
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the satisfaction of the Judicial Magistrate of the First Class,
Kasaragod, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Sundays and
Wednesdays for two months and, thereafter, on all
Sundays, till the final report is filed or until further orders;
b) The petitioner shall appear before the investigating
officer for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.
The Bail Application is allowed as above.
(K.T.SANKARAN)
Judge
ahz/