IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7861 of 2009()
1. GIREESAN, S/O.SUKUMARAN,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY PBLIC PROSECUTOR
... Respondent
For Petitioner :SRI.K.T.THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 7861 OF 2009
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Dated this the 6th day of January, 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.109
of 2009 of Kottarakkara Excise Range.
2. The offence alleged against the petitioner is under Section
8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 1.12.2009, the petitioner
was found in possession of eight litres of arrack. The petitioner
could not be arrested as he ran away. He was arrested on
7.12.2009 in connection with C.R.No.111 of 2009 of Kottarakkara
Excise Range. His formal arrest was recorded in the present case
on 22.12.2009.
4. It is submitted by the learned Public Prosecutor that the
petitioner is involved in six other cases of similar nature.
B.A. NO. 7861 OF 2009
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5. Learned counsel for the petitioner submitted that the
petitioner undertakes not to commit any offence of similar nature
while on bail in the present case. This undertaking is recorded.
6. 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, the present stage of investigation and
also the undertaking made by the petitioner, I am of the view that bail
can be granted to the petitioner.
7. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class – I,
Kottarakkara, 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;
B.A. NO. 7861 OF 2009
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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/