Thulasi vs State Of Kerala on 26 October, 2009

Kerala High Court

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6176 of 2009()


1. THULASI, AGED 61,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.BLAZE K.JOSE

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :26/10/2009

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No. 6176 of 2009
                ------------------------------------
             Dated this the 26th day of October, 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 C.

R.No. 60/2009 of Amaravila Excise Range.

2. The offence alleged against the petitioner is under

Section 8 (1)(2) of the Abkari Act.

3. The prosecution case is that on 02.10.2009, the

petitioner was found in possession of 35 litres of arrack and he

was arrested on the same date. The petitioner is in judicial

custody.

4. The learned Public Prosecutor submitted that the

petitioner is involved in two other cases of similar nature. The

learned counsel for the petitioner submitted that the petitioner

undertakes not to commit any offence of similar nature, if the

petitioner is granted bail in the present case. This undertaking is

recorded.

5. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

B.A. No. 6176 of 2009 2

petitioner, the nature of the offence and also the undertaking, I

am of the view that bail can be granted to the petitioner.

6. The petitioner shall be released on bail on her

executing bond for Rs.25,000/- with two solvent sureties each

for the like amount to the satisfaction of the Judicial Magistrate

of the First Class-II, Neyyattinkara 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

Leave a Comment Cancel