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RAJESH versus STATE OF KERALA

High Court of Kerala

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RAJESH v. STATE OF KERALA - Bail Appl No. 3760 of 2006(R) [2006] RD-KL 318 (20 July 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3760 of 2006(R)

1. RAJESH, S/O.KARUNAKARAN,
... Petitioner

Vs

1. STATE OF KERALA, REP. BY PUBLIC
... Respondent

For Petitioner :SRI.BLAZE K.JOSE

For Respondent : No Appearance

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

Dated :20/07/2006

O R D E R

J.M.JAMES, J.

B.A.Nos. 3760/06 & 3761/06

DATED THIS THE 20TH DAY OF JULY, 2006

O R D E R

The petitioner in both the cases are one and the same person. He was arrested on 20.5.2006 in C.R.No.19/2006 of Thirupuram Excise Range, as he was found in illegal possession of ten liters of illicit arrack, by the Inspector of that Excise Range, and the crime was registered against him, for the offence punishable under Section 8(1) & 8(2) of the Abkari Act. The same is the subject matter in B.A.No.3761/2006. Subsequently production warrant was issued and the accused was produced in C.R.No.17/2006, on the same day, 20.5.2006, which is the subject matter in B.A.No.3760/2006. Thus the petitioner remains in judicial custody from 20.5.2006, in both the cases.

2. The offence alleged in C.R.No.17/2006 is also under Section 8(1) & 8(2) of the Abkari Act, as he was found in illegal possession of eight liters of illicit arrack.

3. Heard both sides. The judicial detention is only counted in C.R.No. 19/2006 of Thirupuram Excise Range. Therefore, the detention, undergone in C.R.No.19/2006, B.A.No.3760/06 & 3761/06 2 cannot be counted as detention, having been undergone in C.R.No.17/2006. Nevertheless, as the offence in C.R.No.19/2006 was not having been committed, while on bail in C.R.No.17/2006, I grant bail and release the petitioner from jail, in both the cases subject to the following conditions:-

(a). The petitioner shall execute a separate 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, Neyyattinkara.

(b). The petitioner shall report before the Inspector of Excise Range, Thirupuram, once in a week, on every Friday, between 10.00 a.m and 11.00

a.m., for a period of four months, starting from 28.7.2006. Both the applications are 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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