IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5726 of 2009()
1. KABEER,S/O.MUHAMMED ISMAIL,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5726 OF 2009
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Dated this the 5th day of October, 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 first accused in Crime
No.401 of 2009 of Anchal Police Station.
2. The offences alleged against the accused persons are
under Section 55(a) of the Abkari Act and Sections 109 and 120B
of the Indian Penal Code.
3. The prosecution case is that on 8.8.2009, a quantity of
3400 litres of spirit was seized from the premises of a motor driving
school. The spirit was attempted to be transported in four vehicles.
The first accused was arrested on 11.8.2009 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. The
petitioner is in judicial custody since 11.8.2009.
B.A. NO. 5726 OF 2009
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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.50,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class – I,
Punalur, 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, 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/