IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7151 of 2009()
1. POUNDARAN, S/O. VELUTHAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
For Petitioner :SRI.G.P.SHINOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7151 of 2009
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Dated this the 4th day of November, 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. 40/2009 of Kazhakuttam Excise Range.
2. The offence alleged against the petitioner is under
Section 55(a)(i) of the Abkari Act.
3. The prosecution case is that on 02.11.2009, the
petitioner was found engaged in the sale of Indian Made Foreign
Liquor. A quantity of 200ml of I.M.F.L. was seized from the
possession of the petitioner. The petitioner was arrested on
2.11.2009 and he was remanded to judicial custody.
4. The learned Public Prosecutor submitted that the
petitioner is involved in another offence of a similar nature.
5. The learned counsel for the petitioner submitted that
the petitioner undertakes not to commit any other offence of a
similar nature while on bail 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
B.A. No. 7151 of 2009 2
petitioner, the nature of the offence and the undertaking, I am of
the view that bail can be granted to the petitioner.
7. 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-II, Attingal 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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