High Court Kerala High Court

Sethunathan Pillai vs State Of Kerala on 10 September, 2009

Kerala High Court
Sethunathan Pillai vs State Of Kerala on 10 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5115 of 2009()


1. SETHUNATHAN PILLAI, AMBADI PUTHENVEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.P.V.DILEEP

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :10/09/2009

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                    B.A. No. 5115 of 2009
               ------------------------------------
          Dated this the 10th day of September, 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

C.R. No.123/2009 of Excise Range, Sasthamcotta.

2. The offence alleged against the petitioner is under

Section 55 (i) of the Abkari Act.

3. The prosecution case is that on 23.08.2009, the

petitioner was found in possession and engaged in the sale of

Indian Made Foreign Liquor. A quantity of 1.7 litres of I.M.F.L.

was seized. The petitioner was arrested on the spot and he was

remanded to judicial custody.

4. 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.

5. The petitioner shall be released on bail on his

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

B.A. No. 5115 of 2009 2

for the like amount to the satisfaction of the Judicial

Magistrate of the First Class, Sasthamcotta 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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