IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 714 of 2010()
1. PRASANNAN, AGED 50 YEARS,
... Petitioner
Vs
1. THE EXCISE INSPECTOR,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.V.SETHUNATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 714 OF 2010
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Dated this the 22nd 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 the second accused in
C.R.No.2 of 2010 of Pathanamthitta Excise Range.
2. The offence alleged against the petitioner is under Section
8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 4.1.2010, the accused
persons were found in possession of nine litres of arrack. The first
accused is the wife of the second accused. The petitioner was
arrested on 7.1.2010 and he was remanded to judicial custody.
4. Learned Public Prosecutor submitted that the petitioner is
involved in five other cases of similar nature.
5. It is submitted by the learned counsel for the petitioner that
B.A. NO. 714 OF 2010
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the petitioner undertakes not to commit any offence of similar nature
while on bail in the present case. The above undertaking is
recorded.
6. 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, the present stage of investigation and the
undertaking made by the petitioner, I am of the view that bail can be
granted to the petitioner on stringent conditions.
7. 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 – I,
Pathanamthitta, 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 for a period of two months and thereafter 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;
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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
ahz/