IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 546 of 2010()
1. O.K.KUNHIKANNAN, S/O. KALLALAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SMT.T.SUDHAMANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/02/2010
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NO. 546 OF 2010
------------------------------------------------------
Dated this the 4th 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 C.R. No.6 of
2010 of Hosdurg Excise Range, Kasaragod District.
2. The offence alleged against the petitioner is under Section
8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 18.1.2010, the petitioner
was found in possession of five litres of arrack. The petitioner was
arrested on 18.1.2010 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 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,
B.A. NO. 546 OF 2010
:: 2 ::
the nature of the offence and the present stage of investigation, I am
of the view that bail can be granted to the petitioner.
6. 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 – I,
Hosdurg, 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/