IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1331 of 2010()
1. SREEJITH @ UNNI @ MANDAN SREEJITH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1331 & 1388 of 2010
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Dated this the 18th day of March, 2010
O R D E R
The petitioner in both these cases is Sreejith @ Unni @
Mandan Sreejith, who is accused of having committed an offence
under Section 55(g) of the Abkari Act in both the cases. These
Bail Applications are filed under Section 439 of the Code of
Criminal Procedure.
2. Bail Application No. 1388/2010 relates to Crime No.
55/2009 of Excise Range, Aryanad. The prosecution case is that
on 30.05.2009, the petitioner was found in possession of 250
litres of wash. The petitioner was arrested by Neyyardam police
in another case and his formal arrest was recorded in the present
case on 25.02.2010.
3. Bail application No. 1331/2010 relates to Crime No.
42/2010 of Neyyardam Police Station. The case therein is that
on 16.02.2010, the petitioner was found in possession of 600
litres of wash. The petitioner was arrested on 16.02.2010.
4. The petitioner is in judicial custody in the aforesaid
cases.
B.A. No. 1331 & 1388 of 2010 2
5. The learned Public Prosecutor submitted that the
petitioner was involved in an abkari offence in 2007 also. At
present, he is the accused in two abkari offences.
6. The learned counsel for the petitioner submitted that the
petitioner undertakes not to commit any similar offence while on
bail in the present cases.
7. 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 also the undertaking, I
am of the view that bail can be granted to the petitioner.
8. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- in each case 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 and Thursdays for
two months and thereafter on 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.
B.A. No. 1331 & 1388 of 2010 3
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 Applications are allowed as above.
K.T. SANKARAN, JUDGE
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