IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6426 of 2009()
1. MOHANAN, AGED 344 YEARS, S/O. KANDAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.LUIZ GODWIN D'COUTH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6426 of 2009
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Dated this the 9th day of November, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the accused in
Cr.No.49 of 2009 of Kunnamangalam 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 20.10.2009, the
petitioner was found in possession of four litres of arrack. He
was arrested on the same date. 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.
BA No. 6426/2009 2
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, 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
csl