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JOSEPH, S/O. DEVASSIA, AGED 45 YEARS versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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JOSEPH, S/O. DEVASSIA, AGED 45 YEARS v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 3817 of 2007 [2007] RD-KL 11349 (27 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3817 of 2007()

1. JOSEPH, S/O. DEVASSIA, AGED 45 YEARS,
... Petitioner

Vs

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

For Petitioner :SRI.V.N.RAMESAN NAMBISAN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :27/06/2007

O R D E R

R. BASANT, J.

B.A. NO. 3817 of 2007

Dated this the 27th day of June, 2007

ORDER

Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 22 x 375 ml. bottles of Indian Made Foreign Liquor on 17/5/07. The petitioner was arrested and continues in custody from that date.

2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not seriously oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. I am not embarking on an attempt to resolve the controversy between the parties as to whether there are 8 abkari cases pending against the petitioner or whether there is only two such cases pending. There is serious acrimony between the counsel on that aspect. B.A. NO. 3817 of 2007 -: 2 :- Be that as it may, I am satisfied that, subject to appropriate conditions, bail can be granted to the petitioner.

3. In the result:

(a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions:

(i) The petitioner shall not be released from custody on the strength of this order prior to 4/7/07. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (iii) The petitioner shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so.

(R. BASANT, JUDGE)

Nan/ B.A. NO. 3817 of 2007 -: 3 :-

2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not seriously oppose the said prayer and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions.

3. In the result:

(a) The application is allowed.

(b) The petitioner shall be released on bail on the following terms and conditions:

(i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon until the final report is filed.

(R. BASANT, JUDGE)

Nan/ B.A. NO. 3817 of 2007 -: 4 :-


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