IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7382 of 2009()
1. SANTHOSH, S/O.SADASIVAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7382 of 2009
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Dated this the 22nd day of December, 2009
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. 122/2009 of Aryanadu Excise Range.
2. The offence alleged against the petitioner is under
Section 8(1)(2) of the Abkari Act.
3. The prosecution case is that on 28/11/2009, the
petitioner was found in possession of 5 litres of arrack. The
petitioner was arrested on 28/11/2009. However, he escaped
from the custody of Excise Officials. The petitioner was again
arrested on 29/11/2009. The petitioner is in judicial custody since
29/11/2009.
4. The learned Public Prosecutor submitted that the
petitioner is involved in another abkari offence and also in
another case registered by the police.
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. 7382/2009
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.
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, Kattakada 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
scm