IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5649 of 2009()
1. RADHAKRISHNAN NAIR,S/O.GOPALAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY PUBLIC
... Respondent
2. EXCISE INSPECTOR,EXCISE RANGE,
For Petitioner :SRI.A.AHZAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/10/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5649 of 2009
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Dated this the 5th day of October, 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.161/2009 of Karunagappally Excise Range.
2. The offence alleged against the petitioner is under
Section 8(1)(2) of the Abkari Act.
3. The prosecution case is that on 13/9/2009, the accused
was found transporting 6 litres of arrack. He was arrested on the
same day. Th petitioner is in judicial custody.
4. The learned Public Prosecutor submitted that the
petitioner is involved in another case of a similar nature. The
learned counsel for the petitioner submitted that the petitioner
undertakes not to involve in any offence of a similar nature, if he
is granted bail. This undertaking is noted.
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. 5649/2009
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, 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, 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