High Court Kerala High Court

Sadasivan vs State Of Kerala Represented on 18 March, 2010

Kerala High Court
Sadasivan vs State Of Kerala Represented on 18 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1492 of 2010()


1. SADASIVAN, S/O.GOPALAKRISHNAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.  K.SIJU

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :18/03/2010

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                     B.A. No. 1492 of 2010
                ------------------------------------
              Dated this the 18th day of March, 2010

                            O R D E R

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the accused in Cr.

No.37/2010 of Sasthamcotta Excise Range, Kollam.

2. The offence alleged against the petitioner is under

Section 55(i) of the Abkari Act.

3. The prosecution case is that on 3/3/2010, the petitioner

was found in possession of 4.5 litres of Indian Made Foreign

Liquor. The petitioner was arrested on 3/3/2010 and he was

remanded to judicial custody.

4. It is submitted by the learned counsel for the

petitioner that the petitioner is not involved in any other case of

similar nature.

5. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

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

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

petitioner.

B.A. No. 1492/ 2010
2

6. The petitioner shall be released on bail on his executing

bond for Rs.15,000/- with two solvent sureties each for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class, Sasthamcotta subject to the following conditions:-

A) The petitioner shall report before the
Investigating Officer between 9 A.M. and
11 A.M. on all Mondays, till the final report
is filed or until further orders.

B) The petitioner shall appear before the
Investigating Officer for interrogation as
and when required.

C) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.

D) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.

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

The Bail Application is allowed as above.

K.T. SANKARAN, JUDGE

scm