IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6568 of 2009()
1. BAIJU, S/O.SREEDHARAN
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/11/2009
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 6568 of 2009
------------------------------------
Dated this the 11th day of November, 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 C.R.
No. 48/2009 of Vatakara Excise Range, Kozhikode District.
2. The offence alleged against the petitioner is under
Section 8(1) of the Abkari Act.
3. The prosecution case is that on 26.10.2009, the
accused was found in possession and engaged in transporting of
five litres of arrack. He was arrested on the same day. The
petitioner is in judicial custody since then.
4. The learned counsel for the petitioner submitted that
the petitioner is not involved in any other case of similar nature.
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 present stage of
investigation, I am of the view that bail can be granted to the
petitioner.
6. The petitioner shall be released on bail on his executing
B.A. No. 6568 of 2009 2
bond for Rs. 15,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Vatakara 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
ln