Santhosh Kumar vs State Of Kerala Represented By on 15 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 795 of 2010()


1. SANTHOSH KUMAR, S/O.VENURAJ,
                      ...  Petitioner
2. VENUGOPAL, S/O.KRISHNAN,

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.  K.SIJU

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :15/02/2010

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                        B.A.No.795 of 2010
                  ---------------------------------------------
            Dated this the 15th day of February, 2010


                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioners are accused Nos.1

and 2 in C.R.No.19 of 2010 of Sasthamcotta Excise Range.

2. The offence alleged against the petitioners is under

Section 55(i) of the Abkari Act.

3. The prosecution case is that on 2.2.2010, the

petitioners were found transporting 10 litres of Indian made

foreign liquor. The petitioners were arrested on 2.2.2010 and

they were remanded to judicial custody.

4. The learned counsel for the petitioners submitted that

the petitioners are not involved in any other offence of similar

nature.

5. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

petitioners, the nature of the offence and the present stage of

investigation, I am of the view that bail can be granted to the

petitioners.

BA No.795/2010 2

The petitioners shall be released on bail on their executing

bond for Rs.15,000/- each with two solvent sureties for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class, Sasthamcotta, subject to the following conditions:

a) The petitioners 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 petitioners shall appear before the investigating officer
for interrogation as and when required;

c) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;

d) The petitioners 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