IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7 of 2010()
1. JIS, S/O.MOHAN,
... Petitioner
Vs
1. STATE OF KERALA THROUGH SUB INSPECTOR
... Respondent
For Petitioner :SRI.P.A.MARTIN ROY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :13/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 7 OF 2010
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Dated this the 13th 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 second accused in Crime
No.161 of 2007 of Mala Police Station.
2. The offence alleged against the petitioner and the other
accused is under Section 55(a) of the Abkari Act.
3. The prosecution case is that on 29.3.2007, the petitioner
and the other accused were found transporting a quantity of
approximately 910 litres of spirit in a Scorpio car. The petitioner
could be arrested only on 10.11.2009 as he was absconding. He
was remanded to judicial custody.
4. It is submitted by the learned Public Prosecutor that, after
completing the investigation, charge was laid in the case on
30.11.2009. The case is now pending as C.P.No.151 of 2009 on the
B.A. NO. 7 OF 2010
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file of the Court of the Judicial Magistrate of the First Class,
Chalakkudy.
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 fact that charge was laid in the
case, I am of the view that bail can be granted to the petitioner on
stringent conditions.
6. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class,
Chalakkudy, subject to the following conditions:
a) The petitioner shall report before the Station House
Officer, Mala Police Station between 9 A.M. and 11
A.M. on all Mondays until further orders;
b) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
c) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
d) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.
B.A. NO. 7 OF 2010
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The Bail Application is allowed as above.
(K.T.SANKARAN)
Judge
ahz/