IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6015 of 2009()
1. MANIKANDAN, S/O. MAYAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6015 of 2009
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Dated this the 20th day of October, 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.67 of 2009 of Excise Range, Udumbanchola.
2. The offence alleged against the petitioner is under
Section 55(g) of the Abkari Act.
3. The prosecution case is that on 25.9.2009, the
petitioner was found in possession of 900 litres of wash. He was
arrested on 25.9.2009 itself. The petitioner is in judicial custody
since then.
4. The learned Public Prosecutor submitted that the
petitioner is involved in another case of a similar nature.
5. The learned counsel for the petitioner submitted that
the petitioner undertakes that he will not commit any offence of
similar nature, if bail is granted in the present case. This
undertaking is recorded.
6. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
BA No.6015/2009 2
petitioner, the nature of the offence and also taking note of the
the aforesaid undertaking, I am of the view that bail can be
granted to the petitioner.
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, Nedumkandam, 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
csl