IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7275 of 2009()
1. RATHEESH S/O.RAVI, AGED 27 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY PUBLIC
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7275 of 2009
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Dated this the 11th day of December, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.1 in C.R.
No.63/2009 of Amaravila Excise Range, Thiruvananthapuram.
2. The offences alleged against the petitioner are under
Sections 55(a) and 58 of the Abkari Act.
3. The prosecution case is that on 12/10/2009, the
petitioner and other accused were found transporting 660 litres of
spirit in a Santro Car. The second accused ran away from the
spot and therefore, he could not be arrested. The petitioner was
arrested on the spot 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 offence
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
B.A. No. 7275 /2009
2
petitioner on stringent conditions.
6. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-II, Neyyattinkara 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 and Thursdays, 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