IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 25 of 2010()
1. A.KRISHNAN, AGED 33 YEARS,
... Petitioner
Vs
1. STATE-REPRESENTED BY PUBLIC
... Respondent
2. THE STATION HOUSE OFFICER
For Petitioner :SRI.K.P.HARISH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 25 OF 2010
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Dated this the 11th day of January, 2010
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.130
of 2009 of Rajapuram Police Station, Kasaragod District.
2. The offence alleged against the petitioner is under Section
55(a) and (g) of the Abkari Act.
3. The prosecution case is that on 18.11.2009, on a search
conducted in the house of the petitioner, he was found in possession
of two litres of arrack and 20 litres of Wash. The petitioner was
arrested on 23.12.2009 and he was remanded to judicial custody on
24.12.2009.
4. It is submitted by the learned counsel for the petitioner that
the petitioner is not involved in any other case of similar nature.
5. Learned Public Prosecutor submitted that charge was filed
in the case.
B.A. NO. 25 OF 2010
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6. 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 in the
case, I am of the view that bail can be granted to the petitioner.
7. 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,
Hosdurg, 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/