IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7252 of 2009()
1. C.V.NOBY, AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7252 of 2009
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Dated this the 21st 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
C.R.No.66/2009 of Palakkad Excise Range.
2. The offence alleged against the petitioner is under
Section 55(a) of the Abkari Act.
3. The prosecution case is that on 13.11.2009, the
petitioner was found transporting 480 litres of spirit. The
petitioner was arrested on 13.11.2009 and he was remanded to
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
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. 7252 of 2009 2
6. The petitioner shall be released on bail on his
executing bond for Rs.50,000/- with two solvent sureties each
for the like amount to the satisfaction of the Judicial Magistrate
of the First Class-I, Palakkad 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 and Thursdays
for two months, thereafter on 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
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