IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5142 of 2006()
1. SINUDHEEN, S/O.MOHAMMED IRBAHIM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE EXCISE INSPECTOR,
For Petitioner :SRI.C.S.MANILAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :28/08/2006
O R D E R
J.M.JAMES, J.
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B.A. 5142/2006
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DATED THIS THE 28TH DAY OF AUGUST, 2006
O R D E R
The petitioner was found in illegal possession of
ten liters of illicit arrack, by the Inspector of Excise Range,
Peermade, who registered C.R.No.21/2006 of that Excise
Range, under Section 8(1) & (2) of the Abkari Act. He
remains in judicial custody. Hence this application, under
Section 439 Cr.P.C.
2. The learned Public Prosecutor submitted that
the petitioner is a resident of Kalluvathukkal, which is
known recently by the illicit distillation and sale of arrack.
But he came to Peermade for the purpose of selling illicit
arrack.
3. The learned counsel for the petitioner, on the
other hand, submitted that the petitioner went there to
meet his friend, one Kamaludeen, and his brother is also
permanently residing in Peermade. The learned Public
Prosecutor submitted that the petitioner is not having a
permanent residence, in and around Peermade.
B.A.5142/2006
2
4. Considering the facts on record and the
duration of the judicial detention, 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-I,
Peermade.
(b). The petitioner shall report before the
Investigating Officer, once in a week, on
every Friday, between 10.00 a.m and
11.00 a.m., for a period of three months,
starting from 1.9.2006.
(c). The petitioner shall not leave the
limit of Peermade Excise Range, for the
above period of three months.
(d). The petitioner shall furnish his
address, where he would reside during
the period of bail, to the Investigating
Officer.
B.A.5142/2006
3
5. While releasing the petitioner, the learned
Magistrate in order to ensure that the petitioner shall be
available during the trial, cautiously scrutinise the
documents, produced by the sureties, and satisfy
himself. In case of any doubt, the Magistrate shall
conduct an enquiry about the documents produced.
The application is allowed as above.
J.M.JAMES
JUDGE
mrcs