IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7072 of 2009()
1. SURESH, S/O. MADHAVAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... 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.
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B.A. NO. 7072 OF 2009
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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 accused in O.R.No.75 of
2007 of Adoor Excise Range.
2. The offence alleged against the petitioner is under Section
8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 29.7.2007, the petitioner
was found in possession of eight litres of arrack. The petitioner was
arrested on 24.10.2009 in O.R.NO.144 of 2007 of Adoor Excise
Range. His formal arrest was recorded in the present case on
16.11.2009.
4. Learned Public Prosecutor submitted that the petitioner is
involved in O.R.No.144 of 2007 of Adoor Excise Range.
B.A. NO. 7072 OF 2009
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5. Learned counsel for the petitioner submitted that the
petitioner undertakes not to commit any offence of similar nature, if
bail is granted in the present case. The above 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 Thursdays, 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;
B.A. NO. 7072 OF 2009
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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
ahz/