IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7003 of 2009()
1. BIJU @ PANKI BAIJU,S/O.SIVARAJAPILLAI,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY PUBLIC
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7003 of 2009
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Dated this the 2nd 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.49/2009 of Vamanapuram Excise Range, Thiruvananthapuram.
2. The offence alleged against the petitioner is under
Section 55(a)(i) of the Abkari Act.
3. The prosecution case is that on 17/11/2009, the
petitioner was found engaged in the sale of Indian Made Foreign
Liquor. A quantity of 1.25 litres of Indian Made Foreign Liquor was
seized from the possession of the petitioner. The petitioner was
arrested on 17/11/2009 and he was remanded to judicial custody.
4. The learned Public Prosecutor submitted that the
petitioner is involved in two other cases 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.
6. Taking into account the facts and circumstances of the
B.A. No. 7003 /2009
2
case, the duration of the judicial custody undergone by the
petitioner, the nature of the offence and also the undertaking, 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 each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-II, Nedumangadu 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
scm