IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7506 of 2009()
1. JOHN M., AGED 74 YEARS, S/O.MATHEW,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/12/2009
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NO. 7506 OF 2009
------------------------------------------------------
Dated this the 21st day of December, 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 accused in O.R.No.112 of
2009 of Ezhukone Excise Range, Kollam District.
2. The offence alleged against the petitioner is under Section
55(a) and (i) of the Abkari Act.
3. The prosecution case is that on 5.12.2009, the petitioner
was found engaged in the sale of Indian Made Foreign Liquor. A
quantity of 4.45 litres of Indian Made Foreign Liquor was seized from
the possession of the petitioner. The petitioner was arrested on
5.12.2009 and he was remanded to judicial custody.
4. It is submitted by the learned counsel for the petitioner that
the petitioner is not involved in any other case of similar nature.
5. Taking into account the facts and circumstances of the
B.A. NO. 7506 OF 2009
:: 2 ::
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.15,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class – I,
Kottarakara, 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/