High Court Kerala High Court

Santhosh Kumar vs State Of Kerala on 2 June, 2009

Kerala High Court
Santhosh Kumar vs State Of Kerala on 2 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2864 of 2009()


1. SANTHOSH KUMAR, S/O.BAHULAYAN NAIR,
                      ...  Petitioner
2. RAJESH, S/O.RAJENDRAN NAIR,

                        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 :02/06/2009

 O R D E R
                      K.T.SANKARAN, J.

               -----------------------------------------
                       B.A.No.2864 of 2009
               -----------------------------------------

                Dated this the 2nd June, 2009

                            O R D E R

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioners are accused 1 and

2 in Crime No.309/09 of Aryanadu Police Station.

2. The offence alleged against the petitioners is under

Section 8(1) and (2) of the Abkari Act.

3. The prosecution case is that accused 1 and 2 were

found transporting of 1.75 litres of arrack. It is the further

case of the prosecution that accused No.3 sold the arrack to

accused 1 and 2. Accused 1 and 2 were arrested on 16.5.2009.

Accused No.3 was arrested on 18.5.2009. They are in judicial

custody.

4. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

petitioners, the nature of the offence and the present stage of

investigation, I am of the view that bail can be granted to the

petitioners.

BA.2864/09 2

5. The petitioners shall be released on bail on their

executing bond for Rs.25,000/- each with two solvent sureties

for the like amount to the satisfaction of the Judicial

Magistrate of the First Class, Nedumangad, subject to the

following conditions:

A) The petitioners shall report before the

investigating officer between 9 AM and 11

AM on all Mondays, till the final report is

filed or until further orders;

B) The petitioners shall appear before the

investigating officer for interrogation as

and when required;

C) The petitioners shall not try to influence the

prosecution witnesses or tamper with the

evidence;

D) The petitioners 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
vgs.