IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2844 of 2008()
1. VIVEKANANDAN @ PODIYAN
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/05/2008
O R D E R
K.P.BALACHANDRAN, J.
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B. A. No.2844 of 2008
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Dated this the 6th day of May, 2008
ORDER
This is an application for bail under Section 439 of the Cr.P.C.
Petitioner is accused in Crime No.61/06 of Kattakada Excise
Range registered for offences under Sections 8(1) and (2) of the
Abkari Act consequent on detection of possession by him of 1.5
litres of arrack at about 2.45 p.m. on 05/08/06 in a can having
capacity of 2.5 litres. He was already in judicial custody from
21/02/08 and was being produced in this case before the Magistrate
on 24/03/08 on production warrant and was being remanded to
judicial custody till 07/04/08 vide Annexure-I order. This court also
rejected the bail application vide Annexure-II order. Considering the
period of detention already undergone and the quantity of contraband
involved in the commission of the offence, I am of the view that the
petitioner can be granted bail imposing stringent conditions.
In the result, allowing this application, I grant bail to the
petitioner on his executing bail bond for Rs.15,000/- with two
solvent sureties each for the like sums to the satisfaction of the
B. A. No.2844 of 2008 -2-
Magistrate concerned.
On such release, the petitioner shall appear before the
Investigating Officer between 10 a.m. and 12 noon on all days for a
period of two weeks and thereafter on every alternate days for a
period of one month and thereafter on all Tuesdays and Fridays only
till the investigation in the case is over and final report is laid.
On release, the petitioner shall not get himself involved in
commission of any offence, shall not influence or intimidate
witnesses in the case and shall not, except for the purpose of
appearing before the Investigating Officer, if need be, move beyond
the territorial limits of the town in which he is having his permanent
residence, the details of which shall be furnished to the Court and to
the Investigating Officer immediately on release on bail.
K.P.BALACHANDRAN,
JUDGE
kns/-