High Court Kerala High Court

Raghavan vs State Of Kerala on 23 December, 2009

Kerala High Court
Raghavan vs State Of Kerala on 23 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7667 of 2009()


1. RAGHAVAN, AGED 69 YEARS, S/O.VELAYUDHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.T.GOPALAKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :23/12/2009

 O R D E R
                         K.T. SANKARAN, J.
                      ---------------------------
                      B.A. No. 7667 of 2009
                 ------------------------------------
            Dated this the 23rd day of December, 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.217/2009 of Karunagapally 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 11/12/2009, the

petitioner was found engaged in the sale of Indian Made Foreign

Liquor. A quantity of 550ml of Indian Made Foreign Liquor was

seized from the possession of the petitioner. The petitioner was

arrested on 11/12/2009 and he was remanded to judicial

custody.

4. The learned counsel for the petitioner submitted that

the petitioner is not involved in any other offence of similar

nature. It is stated that the petitioner is aged 70 years.

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

B.A. No. 7667/2009
2

investigation, I am of the view that bail can be granted to the

petitioner.

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, Karunagapally 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