Thankachan Vadakkekarayil vs Station House Officer on 23 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6157 of 2009()


1. THANKACHAN VADAKKEKARAYIL, S/O.THOMAS,
                      ...  Petitioner

                        Vs



1. STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.V.A.SATHEESH

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :23/10/2009

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.6157 of 2009
                  ---------------------------------------------
             Dated this the 23rd day of October, 2009



                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the accused in

Cr.No.101 of 2009 of Payyavoor Police Station, Kannur District.

2. The offence alleged against the petitioner is under

Section 55(a) of the Abkari Act.

3. The prosecution case is that on 31.8.2009, the

petitioner was found in possession of 10 litres of illicit arrack.

The petitioner was arrested on the same date and he was

remanded to 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

bond for Rs.15,000/- with two solvent sureties for the like

BA No.6157/2009 2

amount to the satisfaction of the Judicial Magistrate of the First

Class, Thaliparamba, 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;

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
csl

BA No.6157/2009 3