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HABEEB RAWTHER versus STATE OF KERALA

High Court of Kerala

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HABEEB RAWTHER v. STATE OF KERALA - Bail Appl No. 4374 of 2006 [2006] RD-KL 334 (21 July 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4374 of 2006()

1. HABEEB RAWTHER, S/O.MUSTHAFA RAWTHER,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

For Petitioner :SRI.VINCENT JOSEPH

For Respondent :PUBLIC PROSECUTOR

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

Dated :21/07/2006

O R D E R

J.M.JAMES, J.

B.A. 4374/2006

DATED THIS THE 21ST DAY OF JULY, 2006

O R D E R

The petitioner was found in illegal possession of three liters of spirit, on 27.5.2006 at 5.30 p.m., by the Inspector of Excise Range, Mavelikkara, who subsequently registered C.R.No.127/2006 of that Excise Range, under Section 55(a) of the Abkari Act. The petitioner is in judicial custody, from 28.5.2006, as remanded by the Court below, on production before it. Hence this application, under Section 439 Cr.P.C.

2. The investigation in respect of this petitioner, is nearly complete, submits the prosecution. After remand, the petitioner had not been sought for further interrogation, by the investigating officer. In such circumstances, 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, B.A.4374/2006 2 each for the like sum, to the satisfaction of the Judicial Magistrate of First Class, Mavelikkara.

(b). The petitioner shall report before the Investigation officer, once in a week, on every Thursday, between 10.00 a.m and 11.00 a.m., for a period of three months, starting from 27.7.2006. 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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