Manikandan vs State Of Kerala on 20 October, 2009

       

  

  

 
 
  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.
                  ---------------------------------------------
                         B.A.No.6015 of 2009
                  ---------------------------------------------
             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
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