High Court Kerala High Court

Poundaran vs State Of Kerala on 4 December, 2009

Kerala High Court
Poundaran vs State Of Kerala on 4 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7151 of 2009()


1. POUNDARAN, S/O. VELUTHAN,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.G.P.SHINOD

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :04/12/2009

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                      B.A. No. 7151 of 2009
                 ------------------------------------
             Dated this the 4th day of November, 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. 40/2009 of Kazhakuttam Excise Range.

2. The offence alleged against the petitioner is under

Section 55(a)(i) of the Abkari Act.

3. The prosecution case is that on 02.11.2009, the

petitioner was found engaged in the sale of Indian Made Foreign

Liquor. A quantity of 200ml of I.M.F.L. was seized from the

possession of the petitioner. The petitioner was arrested on

2.11.2009 and he was remanded to judicial custody.

4. The learned Public Prosecutor submitted that the

petitioner is involved in another offence of a similar nature.

5. The learned counsel for the petitioner submitted that

the petitioner undertakes not to commit any other offence of a

similar nature while on bail in the present case. This undertaking

is recorded.

6. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

B.A. No. 7151 of 2009 2

petitioner, the nature of the offence and the undertaking, I am of

the view that bail can be granted to the petitioner.

7. The petitioner shall be released on bail on his executing

bond for Rs.25,000/- with two solvent sureties each for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class-II, Attingal 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

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