High Court Kerala High Court

Gopalan vs The State Of Kerala Represented By … on 3 March, 2010

Kerala High Court
Gopalan vs The State Of Kerala Represented By … on 3 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1139 of 2010()


1. GOPALAN, AGED 53 YEARS, S/O.CHANDRAN,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.K.B.ARUNKUMAR

                For Respondent  : No Appearance

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

 Dated :03/03/2010

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                        B.A. NO. 1139 OF 2010
              ------------------------------------------------------
               Dated this the 3rd 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.85 of

2010 of Balusserry Police Station, Kozhikode District.

2. The offence alleged against the petitioner is under Section

55(i) of the Abkari Act.

3. The prosecution case is that on 7.2.2010, the petitioner

was found engaged in the sale of illicit arrack. The learned counsel

for the petitioner submitted that a quantity of 1.5 litres of arrack was

seized from the possession of the petitioner. The petitioner

surrendered before Court on 10.2.2010 and he was remanded to

judicial custody.

4. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the petitioner,

B.A. NO. 1139 OF 2010

:: 2 ::

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.15,000/- with two solvent sureties for the like amount to

the satisfaction of the Judicial Magistrate of the First Class – II,

Perambra, 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/