High Court Kerala High Court

C.Sasidharan vs The State Of Kerala on 2 December, 2009

Kerala High Court
C.Sasidharan vs The State Of Kerala on 2 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7055 of 2009()


1. C.SASIDHARAN,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SMT.T.SUDHAMANI

                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.
             ------------------------------------------------------
                       B.A. NO. 7055 OF 2009
             ------------------------------------------------------
           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.323

of 2009 of Nileshwar Police Station.

2. The offence alleged against the petitioner is under Section

55(a) of the Abkari Act.

3. The prosecution case is that on 12.11.2009, the petitioner

was found in possession of 4.525 litres of Indian Made Foreign

Liquor. The petitioner was arrested on the same day and he is in

judicial custody.

4. It is submitted by the learned counsel for the petitioner that

the petitioner is not involved in any other case of similar nature.

5. Taking into account the facts and circumstances of the

B.A. NO. 7055 OF 2009

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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

bond for Rs.15,000/- with two solvent sureties for the like amount to

the satisfaction of the Judicial Magistrate of the First Class – II,

Hosdurg, 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/