IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1886 of 2010()
1. RAJEEV, AGED 35, S/O.SREEDHARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. EXCISE INSPECTOR,
For Petitioner :SRI.PRAVEEN K. JOY
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.1886 of 2010
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Dated this the 30th day of March, 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.38 of 2010 of Pathanapuram 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 16.3.2010, the
petitioner was found transporting 23 litres of Indian made
foreign liquor. The petitioner was arrested on 16.3.2010 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. The counsel also placed reliance on Annexure I disability
certificate to show that the petitioner is suffering from 60%
permanent partial disability.
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
BA No.1886/2010 2
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.25,000/- with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-III, Punalur, 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
csl