IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 695 of 2010()
1. RADHAKRISHNAN @ VAVACHAN,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY EXCISE
... Respondent
For Petitioner :SRI.GEORGE SEBASTIAN
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. 695 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 accused in
Crime No.6 of 2010 of Sasthamcotta Excise Range.
2. The offence alleged against the petitioner is under
Section 55(i) of the Abkari Act.
3. The prosecution case is that on 5/1/2010, the petitioner
was engaged in the sale of Indian Made Foreign Liquor. A
quantity of two litres of Indian Made Foreign Liquor was seized
from the possession of the petitioner. The petitioner was arrested
on 5/1/2010 and he is in judicial custody since then.
4. The learned Public Prosecutor submitted that the
petitioner is involved in two other Abkari cases in the year 2009
and four abkari cases in 2008. It is also pointed out that while
disposing of B.A. No.6818 of 2009, filed by the petitioner, on
30/11/2009, the undertaking made by the petitioner that he will
not commit any offence of similar nature while on bail in that
case was recorded. The present crime was committed after the
B.A. No. 695 /2010
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date of disposal of B.A. No.6818 of 2009.
5. The petitioner had filed B.A. No.168/2010 and that
application was dismissed by the order dated 20/1/2010 in the
light of the facts mentioned in paragraph 4 above. One month
elapsed thereafter.
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 and the present stage of
investigation, 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, Sasthamcotta 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, 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;
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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