IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 448 of 2010()
1. UDAYAN, AGED 44 YEARS,S/O.BHASKARAN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.BHAVADASAN
Dated :10/02/2010
O R D E R
P. BHAVADASAN, J.
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B.A. No. 448 of 2010
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Dated this the 10th day of February, 2010
O R D E R
This is an application filed under section 439 of the Code
of Criminal Procedure seeking bail in relation to Crime No. 1 of
2010 of Adoor Police Station.
2. The allegation against the petitioner is that on 1-1-2010
at 00.30 hours the 1st accused was found in possession of 1610
litres of spirit and 220 litres of toddy mixed with spirit in a
Wagon-R car and also in a pick-up van. The contraband articles
were seized and Crime No.1 of 2010 of Adoor Police Station was
registered for offences punishable under sections 55(a)(i), 57A,
58A and 65 of the Abkar Act. The petitioner was implicated on
the basis of the confession statement said to have been given by
the 1st accused. The petitioner is in judicial custody from 1-1-
2010 onwards.
3. According to the petitioner, the only material available
against him is the confession statement of the co-accused and
nothing else would connect him with the seizure.
4. The learned Public Prosecutor opposed the application.
BA 448/10 2
The learned Public Prosecutor submits that there are statement
of nearby toddy shop employees, which would indicate that the
petitioner is actively involved in the sale of spirit. It is stated he
is not an innocent as to appear.
5. The case diary was made available for perusal. I find
that the main material as of now against the petitioner is the
confession statement stated to have been given by the 1st
accused. Of course, there are other statements of toddy shop
employees to show his involvement. There is nothing to indicate
that the continued detention of the petitioner is necessary for the
investigation.
6. In the result, this petition is allowed as follows:-
a) The petitioner shall be released on bail on his
executing a bond for Rs.25,000/- with two solvent
sureties each for the like sum to the satisfaction
of the Judicial Magistrate of the First Class
concerned.
b) The petitioner shall appear before the Investigating
Officer between 9 A.M. and 11 A.M. on all
Fridays, till the final report is laid.
BA 448/10 3
c) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
P.BHAVADASAN, JUDGE.
mn.