IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6702 of 2009()
1. JOSE, AGED 49 YEARS, S/O. ULAHANNAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6702 of 2009
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Dated this the 16th day of November, 2009
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.35/2009 of Thamarassery Excise Range.
2. The offence alleged against the petitioner is under
Section 8(1)(2) of the Abkari Act.
3. The prosecution case is that on 30.10.2009, the
petitioner was found in possession of 3 litres of arrack. He was
arrested on the spot. 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.
B.A. No. 6702 of 2009 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-I, Thamarassery 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
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