IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5911 of 2009()
1. JOSEPH THOMAS @ OUSEPHACHAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. EXCISE INSPECTOR,
For Petitioner :SRI.RAJU JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/10/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5911 of 2009
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Dated this the 14th 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
Crime No. 10/2009 of Erattupetta Excise Range, Kottayam.
2. The offence alleged against the petitioner is under
Section 55(g) of the Abkari Act.
3. The prosecution case is that on 15/9/2009, a quantity of
1605 litres of wash was found in the possession of the petitioner.
He was arrested on the same date. The petitioner is in judicial
custody since then.
4. The learned counsel for the petitioner submitted that
the petitioner is not involved in any other case of 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
B.A. No. 5911/2009
2
bond for Rs.25,000/-with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Erattupetta 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