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Kunjumon Vs. State of Kerala - Court Judgment

SooperKanoon Citation

Court

Kerala High Court

Decided On

Judge

Appellant

Kunjumon

Respondent

State of Kerala

Excerpt:


.....his arrest and production before the magistrate he was remanded to judicial custody.3. learned counsel for petitioner pleads that he is innocent and has been falsely implicated in the crime. petitioner is prepared to abide by any condition imposed by this court for his release on bail, is the further submission of counsel.4. after hearing the submission of learned public prosecutor also and taking note of the facts and circumstances b.a.no.5584 o”2. presented, i find petitioner can be released on bail, at this stage subject to the following conditions :- i. petitioner shall execute a bond for rs.15,000/- (rupees fifteen thousand only) with two solvent sureties for the like sum by each of them to the satisfaction of the magistrate concerned. ii. petitioner shall report before the investigating officer as and when directed till completion of investigation of the crime. petition is allowed. s.s.satheesachandran, judge rkm

Judgment:


IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 19TH DAY OF AUGUST 2013 28TH SRAVANA, 1935 Bail Appl..No. 5584 of 2013 () ------------------------------- AGAINST THE ORDER/JUDGMENT IN CRMP 2352 2013 of I ADDL.D.C. & ADDL.MACT,KOLLAM DATED 03 08-2013 CRIME NO. 92/2013 OF KOLLAM EXCISE RANGE OFFICE, KOLLAM PETITIONER/ ACCUSED : ----------------------- KUNJUMON, AGED 4 YEARS, S/O.BALAKRISHNAN, ARAPPARAVAYALIL VEEDU, NENMENI MURI, MUNDROTHURUTHU VILLAGE, KOLLAM TALUK BY ADVS.SRI.K.SIJU SMT.CHITHRA.S.BABU RESPONDENT/ STATE : --------------------------- STATE OF KERALA, THROUGH THE EXCISE INSPECTOR, KOLLAM EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKM S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No.5584 of 2013 ----------------------------------- Dated this the 19th day of August, 2013 ORDER Petitioner is the accused in Crime No.92 of 2013 of Kollam Excise Range, Kollam District registered for offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act. He has filed the above application seeking his release on bail under Section 439 of the Code of Criminal Procedure (for short "the Code").

2. Petitioner was found in possession of 1.2 litres of arrack and kept the same for sale on 03.07.2013, at about 9.15.P.M., at a public place is the allegation. On his arrest and production before the magistrate he was remanded to judicial custody.

3. Learned counsel for petitioner pleads that he is innocent and has been falsely implicated in the crime. Petitioner is prepared to abide by any condition imposed by this court for his release on bail, is the further submission of counsel.

4. After hearing the submission of learned public prosecutor also and taking note of the facts and circumstances B.A.No.5584 o”

2. presented, I find petitioner can be released on bail, at this stage subject to the following conditions :- i. Petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen thousand only) with two solvent sureties for the like sum by each of them to the satisfaction of the magistrate concerned. ii. Petitioner shall report before the investigating officer as and when directed till completion of investigation of the crime. Petition is allowed. S.S.SATHEESACHANDRAN, JUDGE RKM


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