IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4986 of 2009()
1. MANOJ, S/O.MOHANAN,
... Petitioner
Vs
1. STATE OF KERALA REP.THE
... Respondent
For Petitioner :SRI.B.MOHANLAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :28/08/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 4986 of 2009
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Dated this the 28th day of August, 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. 150/2009 of Karunagappally Excise Range, Kollam
District.
2. The offence alleged against the petitioner is under
Section 55 (i) of the Abkari Act.
3. The prosecution case is that on 18.8.2009, the
petitioner was found in possession of 600 ml of Indian made
foreign liquor intended for sale. The petitioner was arrested on
the spot and he is in judicial custody.
4. The learned Public Prosecutor submitted that the
petitioner is involved in 3 other cases. Learned counsel for the
petitioner submitted that if bail is granted to him, the petitioner
is prepared to abide by any condition that may be imposed by
the court. The petitioner submits that he will not indulge in any
prejudicial activities and will not commit any offence of similar
nature.
B.A. No. 4986 of 2009 2
4. Taking into account the fact 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 each
for the like amount to the satisfaction of the Judicial
Magistrate of the First Class, Karunagappally 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 and
Thursdays, 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
B.A. No. 4986 of 2009 3
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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