Shivadasan K vs The Station House Officer on 8 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 585 of 2010()


1. SHIVADASAN K,
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER
                       ...       Respondent

                For Petitioner  :SRI.S.JIJI

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :08/02/2010

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                       B.A. No.585 of 2010
                 ------------------------------------
              Dated this the 8th day of February, 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.17/2010 of Adhur Police Station, Kasaragod.

2. The offence alleged against the petitioner is under

Section 55(a) of the Abkari Act.

3. The prosecution case is that on 18.01.2010, the

petitioner was found in possession of 3.5 litres of arrack. He was

arrested on 18.01.2010. The petitioner is in judicial custody

since then.

4. The learned Public Prosecutor submitted that the

petitioner is involved in C.R. No.38/2008 of Badiadka Excise

Range.

5. The learned counsel for the petitioner submitted that the

petitioner undertakes not to commit any offence while on bail in

the present case. This undertaking is recorded.

6. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

B.A. No.585 of 2010 2

petitioner, the nature of the offence and also the undertaking, I

am of the view that bail can be granted to the petitioner.

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

bond for Rs.25,000/- with two solvent sureties each for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class-I, Kasaragod 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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