IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7035 of 2009()
1. BABURAJAN PILLAI, S/O.NARAYANAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.V.DILEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/12/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 7035 OF 2009
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Dated this the 3rd day of December, 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 accused in Crime No.174
of 2009 of Sasthamcotta 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 14.11.2009, the petitioner
was found in possession of and transporting four litres of Indian
Made Foreign Liquor. The petitioner was arrested on 14.11.2009
and he is in judicial custody since then.
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.
B.A. NO. 7035 OF 2009
:: 2 ::
5. 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,
Sasthamcotta, 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
ahz/