IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3967 of 2009()
1. DINESAN, S/O.PRASANNAN,
... Petitioner
Vs
1. THE STATE OF KERALA, THROUGH THE EXCISE
... Respondent
For Petitioner :SRI.K.ANTONY JOSEPH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/07/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 3967 of 2009
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Dated this the 22nd day of July, 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 first accused in
Crime No.13/2009 of Vaikom Excise Range.
2. The offences alleged against the petitioner are under
Sections 55 (b) and (g) and Section 58 of the Abkari Act.
3. The prosecution case is that on 30.05.2009, the
petitioner and two others were found in possession of 2 litres of
arrack and they were also found brewing arrack in the residential
house of the second accused. The petitioner was arrested on
04.07.2009 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
bond for Rs.25,000/- with two solvent sureties each for the like
B.A.No. 3967 of 2009 2
amount to the satisfaction of the Judicial Magistrate of the First
Class, Vaikom 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
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