IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5352 of 2009()
1. SHAJAHAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI. K.SHAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.5352 of 2009
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Dated this the 23rd day of September, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the accused in
O.R.No.79 of 2009 of Kottarakara 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 4.9.2009, the
petitioner was found in possession of 12 litres of Indian made
foreign liquor intended for sale. The petitioner was arrested on
4.9.2009. The petitioner is in judicial custody. It is submitted by
the learned Public Prosecutor, on instructions, that the
petitioner is not involved in any other case of a similar nature.
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.
BA No.5352/2009 2
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, Kottarakara, 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
csl