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RAJEEV, AGED 28 YEARS, S/O. PUSHKARAN v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 1989 of 2007  RD-KL 7920 (17 April 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 1989 of 2007()
1. RAJEEV, AGED 28 YEARS, S/O. PUSHKARAN,
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
O R D E R
K.T. SANKARAN, J.B.A. NO. 1989 OF 2007
Dated this the 17th day of April, 2007
O R D E RThis is an application for bail under Section 439 of the Code of Criminal Procedure.
2. The petitioner is the first accused in C.R. No.27 of 2007, Excise Range, Kollam. The offence alleged against him is under Sections 55(a) and 67B of the Abkari Act.
3. The petitioner moved an application for bail before the Court of the Judicial Magistrate of the First Class- II, Kollam, but the same was dismissed by the order dated 14.3.2007.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted by the learned counsel for the petitioner that the petitioner was arrested on 12.3.2007 and he is B.A.NO. 1989 OF 2007 undergoing detention. The prosecution case is that the petitioner was found in possession of 32 litres of spirit. Learned Public Prosecutor submits that the petitioner is not involved in any other case of a similar nature. Considering the facts and circumstances of the case, I am inclined to grant bail to the petitioner. The petitioner shall be released on bail on condition that he executes a bond for Rs.40,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class- II, Kollam. (K.T.SANKARAN) Judge ahz/
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