IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4873 of 2009()
1. SHAJI @ MAKKIDI KUTTEN,S/O.GOPI,
... Petitioner
Vs
1. STATE OF KERALA REP.BY P.PROSECUTOR,
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4873 OF 2009
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Dated this the 8th day of September, 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 C.R.No.24 of
2009 of Vamanapuram Excise Range.
2. The offence alleged against the petitioner is under Section
8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 29.5.2009, the petitioner
was found in possession of 2.5 litres of arrack. The petitioner was
arrested in connection with another case on 7.8.2009. His formal
arrest was recorded in the present case on 14.8.2009 and he is in
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. 4873 OF 2009
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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 – I,
Nedumangad, 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/