Mohanan vs State Of Kerala Represented By The on 16 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5233 of 2009()


1. MOHANAN, AGED 42 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.AJITH MURALI

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :16/09/2009

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No. 5233 of 2009
                ------------------------------------
           Dated this the 16th day of September, 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. 56/2009 of Mavelikara Excise Range, Alappuzha.

2. The offence alleged against the petitioner is under

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

3. The prosecution case is that on 23/8/2009, the

petitioner was found in possession of two litres of arrack. He was

arrested on the spot. The petitioner is in judicial custody.

4. It is submitted by the learned Public Prosecutor that

the petitioner is involved in another case of similar nature. The

learned counsel appearing for the petitioner submitted that if bail

is granted to the petitioner, he undertakes not to commit any

offence while on bail.

5. 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

B.A. No. 5233 /2009
2

petitioner.

6. 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, Chengannur 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

scm