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MANIKUTTAN v. STATE OF KERALA - Bail Appl No. 4366 of 2006  RD-KL 311 (20 July 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 4366 of 2006()
1. MANIKUTTAN, AGED 38 YEARS,
2. VIKRAMAN, AGED 30 YEARS,
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.R.VINOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
O R D E R
J.M.JAMES, J.B.A. 4366/2006
DATED THIS THE 20TH DAY OF JULY, 2006
O R D E RThe petitioners are accused in C.R.No.52/2006 of Chengannur Excise Range, for the offence punishable under Section 8(1) and 8(2) of the Abkari Act, as they were found in illegal possession of 8.700 liters of illicit arrack. The petitioners surrendered before the Judicial Magistrate of First Class-II, Chengannur, on 6.6.2006. They are in judicial custody. Hence this application, under Section 439 Cr.P.C.
2. During the hearing, the learned Public Prosecutor submitted that the first petitioner, first accused, is arrayed as accused in two other earlier cases. He committed this offence, while he was on bail. In such circumstances of this case, because of the operation of Section 41A of the Act, he is not entitled for bail. Hence the prayer is rejected.
3. The second petitioner, second accused,
Vikraman, surrendered before the Court below, on
6.6.2006 and the investigation is complete. Considering
situation, I grant bail and release the second
petitioner, second accused, from jail, subject to the
(a). The second petitioner, second accused, 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-II, Chengannur.
(b). The second petitioner, second accused, shall report before the Inspector of Excise Range, 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 28.7.2006. The application is partly allowed as above. J.M.JAMES
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