IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7092 of 2009()
1. SURESH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI. K.SHAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/12/2009
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NO. 7092 OF 2009
------------------------------------------------------
Dated this the 3rd day of December, 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 second accused in O.R.
No.144 of 2007 of Excise Range, Adoor.
2. The offence alleged against the petitioner is under Section
55(g) of the Abkari Act.
3. The prosecution case is that on 12.12.2007, the accused
persons were found in possession of 1400 litres of Wash. The
petitioner was arrested on 24.10.2009 and he was remanded to
judicial custody.
4. Learned Public Prosecutor submitted that the petitioner is
involved in O.R.No.75 of 2007 of the same Excise Range.
5. Learned counsel for the petitioner submitted that the
B.A. NO. 7092 OF 2009
:: 2 ::
petitioner undertakes not to commit any offence of similar nature,
while on bail. This undertaking is recorded.
6. 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, the present stage of investigation and also
the undertaking made by the petitioner, I am of the view that bail can
be granted to the petitioner.
7. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class, Adoor,
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, 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;
B.A. NO. 7092 OF 2009
:: 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 allowed as above.
(K.T.SANKARAN)
Judge
ahz/