High Court Kerala High Court

Baburajan Pillai vs State Of Kerala on 3 December, 2009

Kerala High Court
Baburajan Pillai vs State Of Kerala on 3 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7035 of 2009()


1. BABURAJAN PILLAI, S/O.NARAYANAN PILLAI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.V.DILEEP

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :03/12/2009

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                       B.A. NO. 7035 OF 2009
             ------------------------------------------------------
           Dated this the 3rd day of December, 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.174

of 2009 of Sasthamcotta Excise Range.

2. The offence alleged against the petitioner is under Section

55(i) of the Abkari Act.

3. The prosecution case is that on 14.11.2009, the petitioner

was found in possession of and transporting four litres of Indian

Made Foreign Liquor. The petitioner was arrested on 14.11.2009

and he is in judicial custody since then.

4. 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.

B.A. NO. 7035 OF 2009

:: 2 ::

5. 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,

Sasthamcotta, 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

ahz/