Thampi vs State Of Kerala Represented By on 17 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3587 of 2009()


1. THAMPI, ANATHU PARAMBIL,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.M.G.KARTHIKEYAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :17/07/2009

 O R D E R
                            K.T.SANKARAN, J.
               ------------------------------------------------------
                        B.A. NO. 3587 OF 2009
               ------------------------------------------------------
                     Dated this the 17th July, 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.449 of

2009 of Vadakkekkara Police Station.

2. The offence alleged against the petitioner is under Section 55(a)

of the Abkari Act.

3. The prosecution case is that on 1.6.2009, the petitioner was

found in possession of 16.5 litres of Indian made foreign liquor intended

for sale. The petitioner could not be arrested as he ran away, according

to the prosecution. The petitioner surrendered before Court on 23.6.2009

and he was remanded to judicial custody.

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. 3587 OF 2009

:: 2 ::

5. The petitioner shall be released on bail on his executing bond

for Rs.25,000/- with two solvent sureties for the like amount to the

satisfaction of the Judicial Magistrate of the First Class, North Paravur,

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/