IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 740 of 2010()
1. P.THAMBAN, S/O.AMBUNHI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SMT.T.SUDHAMANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/02/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 740 of 2010
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Dated this the 11th day of February, 2010
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.2 in Cr.
No. 33/2010 of Chittarikkal Police Station, Kasaragod.
2. The offence alleged against the petitioner is under
Section 55(a) of the Abkari Act.
3. The prosecution case is that on 29/1/2010, the
petitioner was found transporting a quantity of 4.370 litres of
Indian Made Foreign Liquor. The petitioner was arrested on
29/1/2010 and he was remanded to judicial custody.
4. It is submitted by the learned counsel for the
petitioner that the petitioner is not involved in any other case of
similar nature.
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
petitioner.
B.A. No. 740/2010
2
6. The petitioner shall be released on bail on his executing
bond for Rs.15,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-II, Hosdurg 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