IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4690 of 2009()
1. VIMAL KUMAR, AGED 35 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.VIDYASAGAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4690 OF 2009
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Dated this the 26th August, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the accused in
Crime No.21 of 2009 of Manjeri Excise Range.
2. The offence alleged against the petitioner is under Section
8(1) of the Abkari Act.
3. I have perused the case diary. The mahazar shows that on
5.8.2009, when the Excise party was on patrol duty, they seized 2.4
litres of arrack as abandoned by a person who ran away when the
Excise party saw him. In the mahazar, it is recorded that the
witnesses disclosed the name and other details of the petitioner.
The case diary does not show that the aforesaid persons were
questioned. No such statement is seen recorded from those
witnesses.
4. Taking into account the facts and circumstances of the
B.A. NO. 4690 OF 2009
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case, the nature of the offence and other circumstances, I am of
the view that anticipatory bail can be granted to the petitioner. There
will be a direction that in the event of the arrest of the petitioner, the
officer in charge of the police station shall release him on bail on his
executing bond for Rs.25,000/- with two solvent sureties for the like
amount to the satisfaction of the officer concerned, subject to the
following conditions:
a) The petitioner shall report before the investigating
officer between 9 A.M. and 11 A.M. on alternate
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 to the extent indicated above.
(K.T.SANKARAN)
Judge
ahz/