IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1139 of 2010()
1. GOPALAN, AGED 53 YEARS, S/O.CHANDRAN,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.B.ARUNKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1139 OF 2010
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Dated this the 3rd 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 Crime No.85 of
2010 of Balusserry Police Station, Kozhikode District.
2. The offence alleged against the petitioner is under Section
55(i) of the Abkari Act.
3. The prosecution case is that on 7.2.2010, the petitioner
was found engaged in the sale of illicit arrack. The learned counsel
for the petitioner submitted that a quantity of 1.5 litres of arrack was
seized from the possession of the petitioner. The petitioner
surrendered before Court on 10.2.2010 and he was remanded to
judicial custody.
4. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the petitioner,
B.A. NO. 1139 OF 2010
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the nature of the offence and the present stage of investigation, I am
of the view that bail can be granted to the petitioner.
5. 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 – II,
Perambra, 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
ahz/