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POKKAN versus STATE OF KERALA

High Court of Kerala

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POKKAN v. STATE OF KERALA - Bail Appl No. 4046 of 2006 [2006] RD-KL 121 (6 July 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4046 of 2006()

1. POKKAN, S/O. KANNAN,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.LIFFY P. FRANCIS

For Respondent :PUBLIC PROSECUTOR

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

Dated :06/07/2006

O R D E R

J.M.JAMES, J.

B.A.4046/2006

DATED THIS THE 6TH DAY OF JULY, 2006

O R D E R

The petitioner was arrested with 8.460 liters of Indian made foreign liquor, each bottle containing 180 ml., on 18.6.2006 at 18.55 hours. He remains in judicial custody. Hence this application under Section 439 Cr.P.C.

2. During the hearing, the learned counsel for the petitioner submitted that the case against the petitioner is totally a fabricated one and he is a person aged seventy.

3. In the facts and circumstances of this case, and considering his age, though I am not satisfied with the explanation offered by the learned counsel, I am inclined to 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 B.A.4046/2006 2 the like sum, to the satisfaction of the Judicial Magistrate of First Class, Vadakara.

(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 four months, starting from 10.7.2006.

(c). If the petitioner commits any act, in violation of the provision of the Abkari Act, the investigating officer shall bring the same to the notice of the Court below and in which event, the learned Magistrate shall cancel the bail of the petitioner, as per the law, without waiting for any further orders from this Court. 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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