Joseph Abraham @ Jain vs State Of Kerala on 6 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5693 of 2009()


1. JOSEPH ABRAHAM @ JAIN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

                For Petitioner  :SRI.AJITH MURALI

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :06/10/2009

 O R D E R
                         K.T.SANKARAN, J.
            ------------------------------------------------------
                      B.A. NO. 5693 OF 2009
            ------------------------------------------------------
            Dated this the 6th day of October, 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 first accused in Crime

No.388 of 2009 of Mannar Police Station.

2. The offences alleged against the accused persons are

under Sections 8(1) and (2) and Section 55(a) and (i) of the Abkari

Act.

3. The prosecution case is that on 21.9.2009, the accused

persons were found in possession of and kept for sale 30.375 litres

of Indian Made Foreign Liquor. The petitioner was arrested on the

same date and he was remanded to judicial custody.

4. It is submitted by the learned Public Prosecutor that the

charge was laid in the case on 30.9.2009. It is submitted by the

learned counsel for the petitioner that the petitioner is not involved in

any other case of similar nature.

B.A. NO. 5693 OF 2009

:: 2 ::

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 fact that charge was laid, I am of

the view that bail can be granted to the petitioner.

6. 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 – I,

Chengannur, subject to the following conditions:

a) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;

b) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;

c) 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/