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ROBIN, S/O.KURIAN versus STATE OF KERALA

High Court of Kerala

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ROBIN, S/O.KURIAN v. STATE OF KERALA - Bail Appl No. 6102 of 2006 [2006] RD-KL 1089 (12 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6102 of 2006()

1. ROBIN, S/O.KURIAN,
... Petitioner

2. UNNIKRISHNAN, S/O.PARANGODAN,

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.C.C.THOMAS

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

Dated :12/10/2006

O R D E R

J.M.JAMES, J.

B.A. 6102/2006

DATED THIS THE 12TH DAY OF OCTOBER, 2006

O R D E R

The petitioners are accused of the offence punishable under Section 55(a) of the Abkari Act, for they were found in illegal possession of 5.860 litres of Indian made foreign liquor, having purchased from Mahi, a different territory, where relaxation of sales tax is available. The Excise Range Inspector of Vatakara Excise Range, registered C.R.No.52/2006 against the petitioners, and they were arrested on 21.9.2006. Hence this application, under Section 439 Cr.P.C.

2. The learned counsel for the petitioners submitted that they had purchased it for their own consumption, and each petitioner is entitled to possess three litres of Indian made foreign liquor, as per the rules.

3. Without entering into any discussion on the merit of the matter, I grant bail and release the B.A.6102/2006 2 petitioners from jail, subject to the following conditions:-

(a). Each 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, Vatakara.

(b). The petitioners shall report before the Investigating Officer, as and when required. The application is allowed as above. J.M.JAMES

JUDGE

mrcs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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