M.P.Vinod Kumar vs The Sub Inspector Of Police on 19 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6647 of 2009()


1. M.P.VINOD KUMAR, S/O. BALAN,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE
                       ...       Respondent

2. STATE REP. BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.CIBI THOMAS

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :19/11/2009

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.6647 of 2009
                  ---------------------------------------------
            Dated this the 19th day of November, 2009



                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the accused in

Crime No.99 of 2009 of Aaralam Police Station, Kannur District.

2. The offence alleged against the petitioner is under

Section 55(a) of the Abkari Act.

3. The prosecution case is that on 3.11.2009, the

petitioner was found in possession one litre of arrack. He was

arrested on the same day. The petitioner is in judicial custody

since then.

4. The learned counsel for the petitioner submitted 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.

BA No.6647/2009 2

The petitioner shall be released on bail on his executing

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

amount to the satisfaction of the Judicial Magistrate of the First

Class, Mattannur, 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
csl