IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 185 of 2010()
1. SURESH @ KIOCHU, AGED 23 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REP. BY
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A.Nos.185 & 229 of 2010
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Dated this the 21st day of January, 2010
ORDER
These are applications for bail under Section 439 of the
Code of Criminal Procedure. Bail Application No.185 of 2010 is
filed by the third accused in CR No.54 of 2009 of Vamanapuram
Excise Range. Bail Application No.229 of 2010 is filed by
accused Nos.1 and 2 in that crime.
2. The offence alleged against the petitioners is under
Section 55(a) of the Abkari Act.
3. The prosecution case is that on 19.12.2009, the
accused persons were found transporting 40 litres of spirit in a
car. The petitioners were arrested on 19.12.2009 and they were
remanded to judicial custody.
4. The learned Public Prosecutor submitted that accused
No.1 is involved in three other abkari cases. It is submitted that
if accused No.1 is released on bail, it is most likely that he would
indulge in similar criminal activities.
5. Taking into account the facts and circumstances of the
BA Nos.185& 229/2010 2
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to
accused Nos.2 and 3 (Prasanth and Suresh @ Kochu). However,
I am not inclined to grant bail to accused No.1 (Sambasivan @
Samban) at this stage.
Accused Nos.2 and 3 shall be released on bail on their
executing bond for Rs.25,000/- each with two solvent sureties for
the like amount to the satisfaction of the Judicial Magistrate of
the First Class-I, Nedumangad, subject to the following
conditions:
a) Accused Nos.2 and 3 shall report before the investigating
officer between 9 A.M. and 11 A.M. on every Monday and
Thursday for a period of two months and thereafter on
every Monday, till the final report is filed or until further
orders;
b) Accused Nos.2 and 3 shall appear before the investigating
officer for interrogation as and when required;
c) Accused Nos.2 and 3 shall not try to influence the
prosecution witnesses or tamper with the evidence;
d) Accused Nos.2 and 3 shall not commit any offence or
indulge in any prejudicial activity while on bail;
BA Nos.185& 229/2010 3
e) In case of breach of any of the conditions mentioned above,
the bail shall be liable to be cancelled.
The Bail Application is dismissed in so far as it relates to
accused No.1 and it is allowed in the manner indicated above in
so far as it relates to accused Nos.2 and 3.
K.T.SANKARAN,
JUDGE
csl