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High CourtsSingle Bench(2019) 05 KL CK 0050

Kali, Aged 65 Years vs State Of Kerala

High Court Of Kerala · Decided on 29 May 2019

HON’BLE JUDGES
P.Ubaid, J
CASE NUMBER
Bail Application No. 3606 Of 2019

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Judgment

10 paragraphs · 343 words
1.

The petitioners herein are the two accused in Crime No.130/2019 of the Agali Police Station registered under Section 8(2) of the Kerala Abkari Act (the Act).

2.

The prosecution case is that at about 8 a.m. on 12.5.2019, the petitioners were found possessing and transporting one litre of arrack on the motorcycle No.KL-50-F-3356. They were arrested on the spot by the Sub Inspector, and they have been in judicial custody since the date of arrest. Their application for bail was dismissed by the learned Judicial First Class Magistrate, Mannarkkad on 16.5.2019, and they now seek regular bail from this Court under Section 439 of the Code of Criminal Procedure.

3.

On hearing both sides, and on a perusal of the materials, I find that major part of investigation in this case is over, and that the petitioners can be now released on strict conditions.

No other case of similar nature is seen reported against the petitioners. It appears that the petitioners were arrested at a place, where, such offences were earlier detected by the police. So, they will have to be prevented from entering the said area for some time.

In the result, this application for bail is allowed. The petitioners are ordered to be released on bail on their executing bond with two solvent sureties for ₹30,000/- (Rupees Thirty thousand only) each to the satisfaction of the court below. Bail is granted on condition that;

a. The petitioners shall report before the Circle Inspector of Police, Mannarkkad between 10 a.m. and 11 a.m. on all Mondays for a period of two months.

b. The petitioners shall not enter the limits of Agali Police Station for two months.

c. The petitioners shall not have any contact with the material witnesses directly or over telephone or otherwise.

d. The petitioners shall not involve in any offence under the Kerala Abkari Act till trial of the case is over.

Forward a copy of this order to the Circle Inspector of Police, Mannarkkad, who will report compliance of the conditions, directly to the court below.