IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1281 of 2010()
1. M.K.SHINE, S/O.KRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA, STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.1281 of 2010
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Dated this the 5th day of March, 2010
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.1 in
CR No.16 of 2010 of Udumbanchola Excise Range.
2. The offence alleged against the petitioner is under
Section 55(g) of the Abkari Act.
3. The prosecution case is that on 2.2.2010, the accused
persons were found in possession of 400 litres of wash. The
petitioner was arrested on 2.2.2010 and he was remanded to
judicial custody.
4. The learned counsel for the petitioner submitted that
the petitioner is not involved in any other case of similar nature.
The learned counsel for the petitioner also submitted that the
petitioner undertakes not to commit any offence of similar nature
while on bail in the present case.
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, the present stage of
BA No.1281/2010 2
investigation and also taking note of the aforesaid undertaking,
I am of the view that bail can be granted to the petitioner.
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, Nedumkandam, 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 and Thursdays for a period
of one month and thereafter 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