IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3470 of 2009()
1. JOSEPH, S/O. ATHRAYOSE,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :29/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3470 of 2009
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Dated this the 29th day of June, 2009
ORDER
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the accused in Crime No.172 of
2009 of Vandanmedu Police Station.
2. The offences alleged against the petitioner are under
Sections 55(a) and (i) of the Abkari Act.
3. The prosecution case is that on 15.6.2009, the petitioner
was found to have kept for sale 11.2 litres of Indian made foreign
liquor. He was arrested on the same day and he is in judicial custody.
4. 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.
5. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class,
Nedumkandom, subject to the following conditions:
BA No.3470/2009 2
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
csl