IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5001 of 2009()
1. CHELLAPPAN, AGED 60 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SMT.SANGEETHA LAKSHMANA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5001 OF 2009
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Dated this the 8th day of September, 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.34 of
2008 of Amaravila Excise Range.
2. The offence alleged against the petitioner is under Sections
8(1) and (2) and 55(a) of the Abkari Act.
3. The prosecution case is that on 24.4.2008, the petitioner
was found transporting five litres of coloured arrack. The petitioner
could not be arrested as he ran away. The petitioner was arrested on
12.8.2009 and he was remanded to judicial custody.
4. It is submitted by the learned Public Prosecutor that the
petitioner is involved in two other cases. Learned counsel for the
petitioner submitted that the petitioner is prepared to comply with any
condition that may be imposed while granting bail. It is also
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submitted that the petitioner undertakes not to indulge in any
prejudicial activity including abkari offence, while on bail. Learned
counsel for the petitioner also submitted that the petitioner is aged
more than sixty years.
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.
6. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties 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, 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;
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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/