High Court Kerala High Court

Suresh @ Kiochu vs State Of Kerala Rep. By on 21 January, 2010

Kerala High Court
Suresh @ Kiochu vs State Of Kerala Rep. By on 21 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 185 of 2010()


1. SURESH @ KIOCHU, AGED 23 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP. BY
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :21/01/2010

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                   B.A.Nos.185 & 229 of 2010
                  ---------------------------------------------
             Dated this the 21st day of January, 2010




                               ORDER

These are applications for bail under Section 439 of the

Code of Criminal Procedure. Bail Application No.185 of 2010 is

filed by the third accused in CR No.54 of 2009 of Vamanapuram

Excise Range. Bail Application No.229 of 2010 is filed by

accused Nos.1 and 2 in that crime.

2. The offence alleged against the petitioners is under

Section 55(a) of the Abkari Act.

3. The prosecution case is that on 19.12.2009, the

accused persons were found transporting 40 litres of spirit in a

car. The petitioners were arrested on 19.12.2009 and they were

remanded to judicial custody.

4. The learned Public Prosecutor submitted that accused

No.1 is involved in three other abkari cases. It is submitted that

if accused No.1 is released on bail, it is most likely that he would

indulge in similar criminal activities.

5. Taking into account the facts and circumstances of the

BA Nos.185& 229/2010 2

case, the duration of the judicial custody undergone by the

petitioners, the nature of the offence and the present stage of

investigation, I am of the view that bail can be granted to

accused Nos.2 and 3 (Prasanth and Suresh @ Kochu). However,

I am not inclined to grant bail to accused No.1 (Sambasivan @

Samban) at this stage.

Accused Nos.2 and 3 shall be released on bail on their

executing bond for Rs.25,000/- each with two solvent sureties for

the like amount to the satisfaction of the Judicial Magistrate of

the First Class-I, Nedumangad, subject to the following

conditions:

a) Accused Nos.2 and 3 shall report before the investigating
officer between 9 A.M. and 11 A.M. on every Monday and
Thursday for a period of two months and thereafter on
every Monday, till the final report is filed or until further
orders;

b) Accused Nos.2 and 3 shall appear before the investigating
officer for interrogation as and when required;

c) Accused Nos.2 and 3 shall not try to influence the
prosecution witnesses or tamper with the evidence;

d) Accused Nos.2 and 3 shall not commit any offence or
indulge in any prejudicial activity while on bail;

BA Nos.185& 229/2010 3

e) In case of breach of any of the conditions mentioned above,
the bail shall be liable to be cancelled.

The Bail Application is dismissed in so far as it relates to

accused No.1 and it is allowed in the manner indicated above in

so far as it relates to accused Nos.2 and 3.

K.T.SANKARAN,

JUDGE
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