IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 681 of 2010()
1. RATHEESH @ MANGLI RATHEESH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :24/02/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 681 of 2010
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Dated this the 24th 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 accused No.2 in
Crime No. 672 of 2009 of Balaramapuram Police Station.
2. The offence alleged against the petitioner is under
Section 8(1)(2) of the Abkari Act.
3. The prosecution case is that on 1/12/2009, accused
Nos.1 and 2 were found transporting 175 litres of spirit in an
autorickshaw. On seeing the police party, they ran away
abandoning the autorickshaw. On search of the vehicle, a
quantity of 175 litres of spirit was found. The petitioner was
arrested on 27/1/2010 and he was remanded to judicial custody.
4. The learned Public Prosecutor submitted that the
petitioner is involved in another abkari offence in Crime
No.235/2008 of Neyyattinkara Police Station.
5. The learned counsel for the petitioner submitted that
the petitioner undertakes not to commit any offence of similar
nature while on bail in the present case. This undertaking is
recorded.
6. Taking into account the facts and circumstances of the
B.A. No. 681/2010
2
case, the duration of the judicial custody undergone by the
petitioner, the nature of the offence and also the undertaking,
I am of the view that bail can be granted to the petitioner on
stringent conditions.
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-III, Neyyattinkara 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.
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