Sabu vs State Of Kerala Represented By The on 11 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 614 of 2009()


1. SABU, S/O.NARAYANAN, AGED 45 YEARS,
                      ...  Petitioner
2. P.N.SHAJI, S/O.NARAYANAN, AGED 43 YEARS,

                        Vs



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

                For Petitioner  :SRI.NIREESH MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :11/02/2009

 O R D E R
                          K. HEMA, J.
         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                      B.A. No. 614 of 2009
         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
          Dated this the 11thday of February, 2009

                            O R D E R

Petition for bail.

2. The alleged offence is under section 55(a) of the Abkari

Act. According to prosecution, 1,702 litres of spirit and 30 litres

of toddy mixed with spirit were seized from the possession of 1st

accused on 24-12-2008. On investigation, it is revealed that this

is supplied by 2nd accused who is the licensee of the toddy shop.

Accused nos. 3 to 8 have given financial assistance to 2nd

accused. Accused nos. 9 to 13 are employees of accused nos. 3 to

8. Accused nos. 14 to 17 are persons who have received toddy

mixed with spirit from 2nd accused.

3. Petitioners are accused 5 and 6. Learned counsel for

petitioners submitted that bail was already granted to accused

nos.1, 3 and 16. Petitioners are in custody from 16-1-2009

onwards. Learned Public Prosecutor submitted that he has no

objection in granting bail on conditions.

3. On hearing both sides, I am satisfied that bail can be

granted to petitioners on conditions.

4. Hence, petitioners shall be released on bail on their

executing a bond for Rs.50,000/- each with two solvent sureties

BA 614/09 2

each for the like amount to the satisfaction of the learned

Magistrate, on the following conditions:-

1) Petitioners shall report before the

Investigating Officer on every Monday

and Thursday between 10 a.m. and 1

p.m. until further orders.

2) Petitioners shall not leave the limits of the

police station within which the crime is

registered except with the prior

permission of the learned Magistrate.

3) Petitioners shall not intimidate or influence

any witness or tamper with evidence or

commit any offence while on bail and in

case breach of this condition, bail is liable

to be cancelled.

This petition is allowed.

K.HEMA, JUDGE.

mn.