Kurian @ Baby vs State Of Kerala on 27 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1388 of 2009()


1. KURIAN @ BABY, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REP.BY P.PROSECUTOR,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :27/03/2009

 O R D E R
                        V. RAMKUMAR, J.
                      ================
                  Bail Application No. 1388 of 2009
                     =================
               Dated this the 27th day of March, 2009.

                              O R D E R

In this Petition filed under Sec. 439 Cr.P.C. the petitioner

who is the accused in Crime No. 44 of 2009 of Cumbummettu

Police Station for offences punishable under Secs. 8(1) and (2) of

the Abkari Act for having been found in possession of 5 liters

of illicit arrack, seeks his enlargement on bail. Petitioner was

arrested on 22.02.2009.

2. I heard the learned counsel for the petitioner and the

learned Public Prosecutor.

3. Having regard to the nature of the offences, the

duration of judicial custody undergone by the petitioner and the

other circumstances of the case etc., I am inclined to grant bail

to the petitioner. Accordingly, the petitioner is directed to be

released on bail on his executing a bond for Rs. 35,000/-

(Rupees thirty five thousand only) with two solvent sureties each

for the like amount to the satisfaction of the J.F.C.M.,

B. A. No. 1388/2009 -:2:-

Nedumkandom and subject to the following conditions: –

1. Petitioner shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all
Wednesdays.

2. The petitioner shall make himself available for
interrogation as and when required by the police till
the filing of the final report.

3. The petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to tamper
with the evidence for the prosecution.

4. The petitioner shall not commit any offence
while on bail.

If the petitioner commits breach of any of the above

conditions, the bail granted to him shall be liable to be cancelled.

This application is allowed as above.

Dated this the 27th day of March, 2009.

V.RAMKUMAR, JUDGE.

rv

B. A. No. 1388/2009 -:3:-