Kunjukuttan @ Unnikrishnan vs State Of Kerala on 28 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2824 of 2009()


1. KUNJUKUTTAN @ UNNIKRISHNAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE EXCISE INSPECTOR,

                For Petitioner  :SRI.SAIBY JOSE KIDANGOOR

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :28/05/2009

 O R D E R
                      K.T.SANKARAN, J.

               -----------------------------------------
                       B.A.No. 2824 of 2009
               -----------------------------------------

               Dated this the 28th May, 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.8/09 of Pattambi Excise Range, Pattambi.

2. The offence alleged against the petitioner is under

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

3. The prosecution case is that on 28.3.2009, the accused

was found in possession of 10 litres of illicit arrack. The

petitioner was arrested on 28.3.2009 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.

BA.2824/09 2

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, Pattambi, subject to the following conditions:

A) The petitioner shall report before the

investigating officer between 9 AM and 11

AM 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
vgs.