IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3111 of 2009()
1. SASIDHARAN, S/O.BHASKARAN,
... Petitioner
2. SURENDRAN, S/O.BALAN, ASWATHY BHAVAN,
3. VIMAL KUMAR, S/O.BALAN, KIRAN BHAVAN,
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. EXCISE INSPECTOR, EXCISE RANGE OFFICE,
For Petitioner :SRI.G.P.SHINOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/06/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 3111 of 2009
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Dated this the 12th day of June, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Petitioners are accused Nos.1 to 3
in Crime No.15/2009 of Kazhakuttom Excise Range.
2. The offences alleged against the petitioners are under
Sections 55(a), 8(1) & (2) and 58 of the Abkari Act.
3. The prosecution case is that the petitioners were
found in possession of 300 litres of coloured arrack. The
petitioners were arrested on 1/05/2009 and they are in judicial
custody. It is stated that the petitioners are not involved in any
other offence. The learned Public Prosecutor submitted that the
coloured arrack was found filled in bottles containing the brand
names of IMF manufacturers and it was also noticed therein
that the articles are intended for defense purposes only.
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
B.A. No. 3111/ 2009
2
petitioners, on conditions.
5. The petitioners shall be released on bail on their
executing a bond for Rs. 1,00,000/- each with two solvent
sureties each for the like amount to the satisfaction of the
Judicial Magistrate of the First Class-II, Attingal subject to the
following conditions:-
A) The petitioners 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 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
scm