IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6499 of 2009()
1. IRISHKUMAR, S/O.REMESAN,
... Petitioner
2. HARILAL, S/O.NADARAJAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6499 of 2009
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Dated this the 9th day of November, 2009
O R D E R
This is an application for bail under Section 439 of the Code
of Criminal Procedure. Petitioners are accused Nos.1 and 2 in
Crime No. 658/2009 of Ezhukone Police Station.
2. The offence alleged against the petitioners is under
Section 8(1)(2) of the Abkari Act.
3. The prosecution case is that on 25.10.2009, the accused
persons were found in possession of 1.5 litres of arrack. They
were arrested on 25.10.2009. The petitioners are in judicial
custody.
4. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners.
5. The petitioners shall be released on bail on their
executing a bond for Rs.15,000/- each with two solvent sureties
B.A. No. 6499 of 2009 2
each for the like amount to the satisfaction of the Judicial
Magistrate of the First Class-I, Kottarakkara subject to the
following conditions:-
A) The petitioners 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 petitioners shall appear before the
Investigating Officer for interrogation
as and when required.
C) The petitioners shall not try to influence
the prosecution witnesses or tamper
with the evidence.
D) The petitioners 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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