IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3004 of 2009()
1. SURESH, S/O.BHASKARAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.M.T.SURESH KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3004 of 2009
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Dated this the 25th day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the second accused
in Crime No.24 of 2009 of Excise Range, Konni.
2. The offence alleged against the petitioner are under
Sections 8(1) and (2) of the Abkari Act.
3. The learned counsel for the petitioner submitted that there
is nothing to connect the petitioner with the offence. On 25.3.2009 at
7.30 A.M., the first accused was arrested. Six litres of illicit arrack was
seized from him. The petitioner is implicated only on the basis of the
statement given by the first accused that the arrack was purchased by
him from the second accused.
4. I have perused the case diary. Prima facie, there is no
material to connect the petitioner with the offence, except the
statement made by the first accused. It is stated in the mahazar that
on the basis of the secret information, the officer concerned came to
know that the second accused had sold the arrack to the first accused.
However, the CD file does not disclose the source of any such
information or the details of any such information. The Circle
Inspector of Excise, who prepared the mahazar, started that process at
BA No.3004/2009 2
7.30 A.M. and completed the same at 8.30 A.M. Within that time, all
the formalities are stated to have been completed. What was the
secret information received by him is not seen disclosed anywhere.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and other circumstances, I am of the
view that anticipatory bail can be granted to the petitioner. There will
be a direction that in the event of the arrest of the petitioner, the
officer in charge of the police station shall release him on bail on his
executing bond for Rs.25,000/- with two solvent sureties for the like
amount to the satisfaction of the officer concerned, subject to the
following conditions:
a) The petitioner shall appear before the investigating officer for
interrogation as and when required;
b) The petitioner shall not try to influence the prosecution witnesses
or tamper with the evidence;
c) The petitioner shall not commit any offence or indulge in any
prejudicial activity while on bail;
d) In case of breach of any of the conditions mentioned above, the
bail shall be liable to be cancelled.
The Bail Application is allowed to the extent indicated above.
K.T.SANKARAN,
JUDGE
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