D.Sasidhara vs The Excise Range Officer on 24 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3387 of 2009()


1. D.SASIDHARA, AGED 38 YEARS,
                      ...  Petitioner

                        Vs



1. THE EXCISE RANGE OFFICER,
                       ...       Respondent

2. STATE REP; BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :24/06/2009

 O R D E R
                            K.T.SANKARAN, J.
               ------------------------------------------------------
                        B.A. NO. 3387 OF 2009
               ------------------------------------------------------
                     Dated this the 24th June, 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.26 of 2009

of Kasaragode 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 19.5.2009, the petitioner was

found in possession of 40 litres of spirit. The petitioner was arrested on

19.5.2009 itself 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 bond

for Rs.50,000/- with two solvent sureties for the like amount to the

B.A. NO. 3387 OF 2009

:: 2 ::

satisfaction of the Judicial Magistrate of the First Class – I, Kasaragode,

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/