Dasan vs Excise Inspector on 23 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1694 of 2010()


1. DASAN, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. EXCISE INSPECTOR,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :23/03/2010

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                       B.A.No.1694 of 2010
                  ---------------------------------------------
              Dated this the 23rd day of March, 2010


                               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.9 of 2010 of Kunnamangalm Excise Range.

2. The offence alleged against the petitioner is under

Section 8(1) & (2) of the Abkari Act.

3. The prosecution case is that on 8.3.2010, the

petitioner was found in possession of one litre of arrack. The

petitioner was arrested on 8.3.2010 and he was remanded to

judicial custody.

4. The learned counsel for the petitioner submitted 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.

The petitioner shall be released on bail on his executing

BA No.1694/2010 2

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

amount to the satisfaction of the Judicial Magistrate of the First

Class, Kunnamangalam, 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
csl