IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 21 of 2010()
1. SANAL KUMAR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 21 OF 2010
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Dated this the 11th day of January, 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.768
of 2009 of Aryanad Police Station, Thiruvananthapuram District.
2. The offence alleged against the petitioner is under Section
8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 20.12.2009, the petitioner
was found in possession of 500 ml of arrack. The petitioner was
arrested on 20.12.2009 and he was remanded to judicial custody.
4. It is submitted by the learned Public Prosecutor that the
petitioner is involved in another case of similar nature. It is also
submitted that charge sheet was filed in the case, after completing
the investigation.
5. Learned counsel for the petitioner submitted that the
B.A. NO. 21 OF 2010
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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
case, the duration of the judicial custody undergone by the petitioner,
the nature of the offence and the fact that charge sheet was filed in
the case, I am of the view that bail can be granted to the petitioner.
7. 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 – I,
Nedumangad, subject to the following conditions:
a) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
b) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
c) 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
ahz/