IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2809 of 2009()
1. SHIBU, AGED 34,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :28/05/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No. 2809 of 2009
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Dated this the 28th May, 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.20/09 of Thirupuram Excise Range.
2. The offence alleged against the petitioner is under
Section 8(1) and (2) of the Abkari Act.
3. The prosecution case is that the petitioner was found
in possession of 8.5 litres of arrack. The petitioner was
arrested on 8.5.2009 and he is in 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 for
BA.2809/09 2
the like amount to the satisfaction of the Judicial Magistrate of
the First Class-I, Neyyattinkara, subject to the following
conditions:
A) The petitioner 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 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
vgs.