High Court Kerala High Court

Rajan D vs State Of Kerala on 23 November, 2009

Kerala High Court
Rajan D vs State Of Kerala on 23 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6866 of 2009()



1. RAJAN D.
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.RINNY STEPHEN CHAMAPARAMPIL

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :23/11/2009

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                        B.A.No.6866 of 2009
                  ---------------------------------------------
           Dated this the 23rd day of November, 2009


                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the accused in

Crime No.109 of 2009 of Karthikapally Excise Range, Alappuzha

District.

2. The offence alleged against the petitioner is under

Section 55(i) of the Abkari Act.

3. The prosecution case is that on 11.11.2009, the

petitioner was found engaged in the sale of Indian made foreign

liquor. A quantity of 14.5 litres of Indian made foreign liquor

was seized from the possession of the petitioner. He was

arrested on the same date and he was remanded to judicial

custody.

4. The learned counsel for the petitioner submitted that

the petitioner is suffering from chronic liver cirrhosis. Annexure

A1 discharge summary issued by the PVS Memorial Hospital

Ltd., Kochi was relied on by the counsel for the petitioner.

Annexure A1 would show that the petitioner was admitted in the

BA No. 6866/2009 2

hospital on 22.5.2009 and he was discharged on 26.5.2009. The

diagnosis was that the petitioner is suffering from chronic liver

cirrhosis. It is submitted by the learned counsel for the petitioner

that even while in judicial custody, the petitioner was admitted

in the Medical College Hospital, Thiruvananthapuram for the

aforesaid disease.

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

petitioner.

The petitioner shall be released on bail on his executing

bond for Rs.15,000/- with two solvent sureties for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class-II, Haripad, 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;

BA No. 6866/2009 3

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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