IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3984 of 2009()
1. ANIL KUMAR, S/O.KUTTAPPAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.GOPALAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/07/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 3984 of 2009
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Dated this the 22nd day of July, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.2 in
Crime No. 104/2009 of Karunagapally Excise Range.
2. The offences alleged against the petitioner are under
Sections 8 (1) and (2) of the Abkari Act.
3. The prosecution case is that on 19.06.2009, the
petitioner and two others were found transporting 30 litres of
arrack. The Petitioner surrendered before court on 25.06.2009
and he was remanded to 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.
5. The petitioner shall be released on bail on his executing
bond for Rs. 50,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
B.A.No. 3984/2009 2
Class, Karunagapally 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 and
Thursdays 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
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