IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3701 of 2009()
1. RAJU, AGED 41 YEARS, S/O.CHATHAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.AJITH MURALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/07/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3701 of 2009
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Dated this the 20th day of July, 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.74 of
2009 of Adoor Excise Range.
2. The offences alleged against the petitioner are under
Sections 8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 20.6.2009, the accused
was found in possession of 7 liters of spirit and 7 litres of arrack. The
petitioner surrendered before court on 25.6.2009 and he was
remanded to judicial custody.
4. Learned public prosecutor submitted that the petitioner is
involved in two other cases.
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.25,000/- with two solvent sureties for the like amount to the
BA No. 3701/2009 2
satisfaction of the Judicial Magistrate of the First Class, Adoor, 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