Kerala High Court
Ajayan @ Raju vs State Of Kerala on 18 June, 2012
Author: N.K.Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
MONDAY, THE 18TH DAY OF JUNE 2012/28ND JYAISHTA 1934
Bail Appl..No. 4023 of 2012 ()
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(CR.NO.50/2012 OF KOLLAM EXCISE RANGE)
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PETITIONER(S)/ACCUSED NO.3:
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AJAYAN @ RAJU,AGED 34 YEARS,
S/O.HENDRY, AJAYA MANDIRAM VEEDU,
AMBALATHINKALA DESOM, EZHUKONE VILLAGE,
KOTTARYAKKARA TALUK.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT(S)/COMPLAINANT.:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-31.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 18-06-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
N.K.BALAKRISHNAN, J.
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B.A. No.4023 of 2012
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Dated this the 18th day of June 2012
O R D E R
Petitioner is the 3rd accused in C.R.No.50/2012 of Kollam Excise Range. The offences alleged against him and other accused are under Secs.55(a) and 55D of Abkari Act. Petitioner has been in custody from 5.4.2012.
2. It is alleged that on 4.4.2012 at 11.35 PM, petitioner and four other accused persons were found transporting 3872 litres of spirit in a car bearing Reg.No.KL-3N-7298.
3. Considering the period of detention already undergone by the petitioner, petitioner is granted bail subject to the following conditions :-
a. The accused shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand onlyl) with two solvent sureties each for the like sum to the satisfaction of B.A. No.4023 of 2012 -: 2 :- the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any B.A. No.4023 of 2012 -: 3 :- person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused shall not leave the State of Kerala without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. N.K.BALAKRISHNAN, JUDGE.
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