IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6866 of 2009()
1. RAJAN D.
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.RINNY STEPHEN CHAMAPARAMPIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6866 of 2009
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Dated this the 23rd day of November, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the accused in
Crime No.109 of 2009 of Karthikapally Excise Range, Alappuzha
District.
2. The offence alleged against the petitioner is under
Section 55(i) of the Abkari Act.
3. The prosecution case is that on 11.11.2009, the
petitioner was found engaged in the sale of Indian made foreign
liquor. A quantity of 14.5 litres of Indian made foreign liquor
was seized from the possession of the petitioner. He was
arrested on the same date and he was remanded to judicial
custody.
4. The learned counsel for the petitioner submitted that
the petitioner is suffering from chronic liver cirrhosis. Annexure
A1 discharge summary issued by the PVS Memorial Hospital
Ltd., Kochi was relied on by the counsel for the petitioner.
Annexure A1 would show that the petitioner was admitted in the
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hospital on 22.5.2009 and he was discharged on 26.5.2009. The
diagnosis was that the petitioner is suffering from chronic liver
cirrhosis. It is submitted by the learned counsel for the petitioner
that even while in judicial custody, the petitioner was admitted
in the Medical College Hospital, Thiruvananthapuram for the
aforesaid disease.
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.
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-II, Haripad, 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;
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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