IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6560 of 2009()
1. SEBASTIAN @ JOY, S/O.THOMAS,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.M.J.THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No.6560 of 2009
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Dated this the 23rd day of November, 2009
O R D E R
This is an application for bail under Section 439 of the Code
of Criminal Procedure. The petitioner is accused No.4 in Crime No.
152/2009 of Peruvanthanam Police Station, Idukki District.
2. The offence alleged against the petitioner is under Section
55(a)(h) of the Abkari Act.
3. The prosecution case is that on 22.08.2009, accused
Nos.1 and 2 were found transporting 31 bottles of Indian Made
Foreign Liquor. On questioning accused No.1, it was revealed that
accused No.5 entrusted accused No.3 with 61 bottles of I.M.F.L.
Accused No.3 took the I.M.F.L to Aluva. On his way, 30 bottles
were entrusted to accused No.4. The rest of 31 bottles were given
to the first accused. It is alleged that accused No.2 was driving the
Autorickshaw.
4. The petitioner surrendered before the Court on
02.11.2009 and he was remanded to judicial custody.
5. It is submitted that the petitioner is a heart patient and
he is suffering from other diseases as well.
B.A. No.6560 of 2009 2
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 present stage of
investigation, 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-II, Peermade 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
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