High Court Kerala High Court

Sudheesan vs State Of Kerala on 24 July, 2009

Kerala High Court
Sudheesan vs State Of Kerala on 24 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3824 of 2009()


1. SUDHEESAN,AGED 46 YEARS,S/O. SUKUMARAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY SUB'
                       ...       Respondent

                For Petitioner  :SRI.GEO PAUL

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :24/07/2009

 O R D E R
                          K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.3824 of 2009
                  ---------------------------------------------
               Dated this the 24th day of July, 2009



                                 ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is accused No.1 in

Crime No.364 of 2009 of Neyyattinkara Police Station.

2. The offences alleged against the petitioner are under

Sections 8(1) and (2) of the Abkari Act.

3. The prosecution case is that on 1.6.2009, the

petitioner along with other accused were found engaged in

distilling arrack. A quantity of 300 litres of wash was seized.

The petitioner was arrested on 15.6.2009 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.

The petitioner shall be released on bail on his executing

BA No.3824/2009 2

bond for Rs.50,000/- with two solvent sureties for 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 A.M. and 11 A.M. on all Wednesdays, 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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