IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5843 of 2009()
1. GOVINDAN C.,SON OF KANNAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5843 OF 2009
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Dated this the 12th day of October, 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.20 of 2009 of Thalassery Excise Range.
2. The offences alleged against the accused persons are
under Section 55(a) of the Abkari Act and Rules 9 and 26 of the
Foreign Liquor Rules.
3. The prosecution case is that on 22.9.2009, a quantity of 34
litres of Indian Made Foreign Liquor was seized from the
autorickshaw driven by the second accused. According to the
prosecution, the petitioner was also travelling in the autorickshaw.
The petitioner states that he runs a bar hotel in Mahe on partnership
business, of which he is a partner. The allegation is that the
petitioner is involved in the transportation of Indian Made Foreign
Liquor. The petitioner was arrested on 22.9.2009 itself and he was
remanded to judicial custody.
B.A. NO. 5843 OF 2009
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4. It is submitted by the learned counsel for the petitioner that
the petitioner is not involved in any other case of a 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.
6. 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,
Thalassery, 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;
B.A. NO. 5843 OF 2009
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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/