IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 326 of 2010()
1. BHASKARAN @ SOMAN
... Petitioner
Vs
1. THE EXCISE INSPECTOR,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.V.SETHUNATH
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 326 OF 2010
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Dated this the 22nd 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 Excise Crime
No.1 of 2010 of Pathanamthitta Excise Range.
2. The offence alleged against the petitioner is under Section
8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 3.1.2010, the petitioner
was found in possession of ten litres of arrack. The petitioner was
arrested on 3.1.2010 and he is in judicial custody.
4. It is submitted by the learned Public Prosecutor that the
petitioner is involved in another case of similar nature.
5. The learned counsel for the petitioner submitted that the
petitioner undertakes not to commit any offence of similar nature
while on bail in the present case. This undertaking is recorded.
B.A. NO. 326 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, the present stage of investigation and also
the undertaking made by the petitioner, 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,
Pathanamthitta, 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/