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SAJI EAPEN, AGED 25 YEARS v. STATE OF KERALA - Bail Appl No. 1477 of 2007  RD-KL 5234 (12 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 1477 of 2007()
1. SAJI EAPEN, AGED 25 YEARS,
1. STATE OF KERALA,
For Petitioner :SRI.SUJITH MATHEW JOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.B.A.1477/2007
Dated this the 12th day of March, 2007
O R D E RThe petitioner who is the accused in C.R.No.12/2007 of Kanjirappally Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 40.515 litres of IMFL in 96 bottles on 1.3.2007 in his residence and who was arrested on the same day seeks his enlargement on bail.
2. Since all the bottles contained the hologram of the
Beverages Corporation prima facie
indicating that there is no
revenue loss for the State and since no signs of retail sale were
seen in the house
and also since the allegation that the petitioner
was found in possession of quantities in excess of the permissible
in the light of the decision reported in 2007 (1) KLT
845 does not attract an offence punishable under
of the Abkari Act, but only attracts an offence punishable under
Section 63 of the Abkari Act
which is a bailable offence, I am
inclined to grant bail to the petitioner. Accordingly, the
petitioner is directed to be released on bail on his executing a
bond for Rs. 20,000/- (Rupees twenty thousand
only) with two
solvent sureties each for the like amount to the satisfaction of
the J.F.C.M.-I, Kanjirappally, and subject to the following
(a). Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.
(b). The petitioner shall make himself available for interrogation as and when required by the police.
(c). The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.
(d). The petitioner shall not commit any offence while on bail.
3. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. The application is allowed as above. V.RAMKUMAR,
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