IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5342 of 2010()
1. GOPALAN,AGED 51 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. THE EXCISE INSPECTOR, THAMARASSERY
For Petitioner :SRI.LUIZ GODWIN D'COUTH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/09/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.5342 of 2010
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Dated this the 9th day of September, 2010
ORDER
In this petition filed under Section 439 Cr.P.C. the
petitioner who is the sole accused in Crime No.27/2010 of
Thamarassery Excise Range for an offence punishable under
Section 8(1) & (2) of the Abkari Act for having been found in
possession of 3 litres of illicit arrack in a 5 litres plastic Can,
seeks his enlargement on bail. The petitioner was arrested on
17/8/2010.
2. I heard the learned counsel for the petitioner and
the learned Public Prosecutor.
3. Having regard to the nature of the offence, the
duration of judicial custody undergone by the petitioner and
the other circumstances of the case etc., I am inclined to
grant bail to the petitioner. Accordingly, the petitioner is
directed to be released on bail with effect from 20/9/2010 on
his executing a bond for Rs.35,000/- (Rupees thirty five
thousand only) with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the
Bail Appln.No.5342/2010
: 2 :
First Class-I, Thamarassery and subject to the following
conditions: –
1. The petitioner shall report before the
Investigating Officer between 9 a.m. and
11 a.m. on all Wednesdays.
2. The petitioner shall make himself available
for interrogation as and when required by
the police till the filing of the final report.
3. The petitioner shall not influence or
intimidate the prosecution witnesses nor
shall he attempt to tamper with the
evidence for the prosecution.
4. The petitioner shall not commit any offence
while on bail.
If the petitioner commits breach of any of the above
conditions, the bail granted to him shall be liable to be
cancelled.
This application is allowed as above.
V.RAMKUMAR, JUDGE
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