IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5157 of 2009()
1. CHANDRAN,S/O.DIVAKARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.SANAL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5157 of 2009
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Dated this the 10th day of September, 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. 82/2009 of Karthikappally Excise Range, Alappuzha.
2. The offence alleged against the petitioner is under
Section 8(1)(2) of the Abkari Act.
3. The prosecution case is that on 26/8/2009, the
petitioner was found in possession of 2 litres of coloured arrack
and 140gms of ganja. For possessing ganja, prosecution is
initiated under the Narcotic Drugs and Psychotropic Substances
Act. The petitioner was arrested on 26/8/2009 and he is in
judicial custody.
4. 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.
5. The petitioner shall be released on bail on his executing
B.A. No. 5157 /2009
2
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, Haripad 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
