Joseph @ Appachan vs The Excise Inspector on 30 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6166 of 2009()


1. JOSEPH @ APPACHAN, S/O.MICHAEL,
                      ...  Petitioner

                        Vs



1. THE EXCISE INSPECTOR, ALAKODE EXCISE
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.V.A.SATHEESH

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :30/10/2009

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                     B.A. No. 6166 of 2009
                ------------------------------------
              Dated this the 30th 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 accused in O.R.

No. 30/2009 of Alakode Excise Range, Kannur.

2. The offence alleged against the petitioner is under

Section 8(1)(2) of the Abkari Act.

3. The prosecution case is that on 13/10/2009, the

petitioner was found in possession of 5 litres of illicit arrack. The

petitioner was arrested on the same date. He is in judicial

custody.

4. The learned counsel for the petitioner submitted that

the petitioner is not involved in any other case of similar nature.

It is also submitted that the petitioner is aged 65 years and he is

an Asthma patient.

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

B.A. No. 6166 /2009
2

petitioner.

6. The petitioner shall be released on bail on his executing

bond for Rs.15,000/- with two solvent sureties each for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class, Taliparamba 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

scm