Kerala High Court
Ajith vs State Of Kerala on 4 December, 2017
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY,THE 4TH DAY OF DECEMBER 2017/13TH AGRAHAYANA, 1939
Bail Appl..No. 8315 of 2017 ()
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CRIME NO. 424/2017 OF PULPALLY POLICE STATION,WAYANAD DISTRICT
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PETITIONER/ACCUSED:
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AJITH,
S/O.SUDHAKARAN, AGED 24 YEARS,
AMMANI HOUSE, PAKKAM, PULPALLY POST,
PULPALLY VILLAGE, SULTHAN BATHERY TALUK.
BY SRI.GRASHIOUS KURIAKOSE,SENIOR ADVOCATE
ADV. SRI.GEORGE MATHEWS
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
SUB INSPECTOR OF POLICE, PULPALLY POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04-12-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
RAJA VIJAYARAGHAVAN V., J
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B.A. No.8315 of 2017
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Dated this the 4th day of December, 2017
ORDER
1.This application is filed under section 439 of the Code of Criminal Procedure.
2.The petitioner herein is the sole accused in Crime No.424 of 2017 of the Pulpally Police Station registered alleging offence punishable under Section 55(a)(i) of the Abkari Act, 1077.
3.The prosecution allegation is that on 6.11.2017, the petitioner was found in possession of 11.5 litres of Indian Made Foreign Liquor. He was arrested and the contraband articles were seized on the same day.
4.The learned Senior counsel appearing for the petitioner submits that the petitioner had posted a message in facebook criticizing the police and he has been falsely implicated for that reason.
5.Heard the learned Public Prosecutor, who submits that the BA 8315/2017 2 petitioner is involved in Crime No.22 of 2016 registered under section 63 of the Abkari Act.
6.After having considered the nature and gravity of the allegations, the quantity of the contraband article seized, the period of detention undergone and the stage of investigation, I am inclined to grant bail to the petitioner. In the result, this application will stand allowed, subject to the following conditions:
(a) The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for 2 months or till final report is filed, whichever is earlier.
(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) The petitioner shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the BA 8315/2017 3 jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE vps 4/12 /True Copy/ PS to Judge