Ani @ Pallan Ani v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 Bail Appl..No. 279 of 2015 () ------------------------------ CRIME NO. 85/2014 of KAZHAKKOOTTAM EXCISE RANGE, THIRUVANANTHAPURAM ------------ PETITIONER/ACCUSED :

-------------------------------- ANI @ PALLAN ANI, AGED 42 YEARS, S/O.SADASIVAN, CHIRAYIL VEEDU, MUNDAKKAL DESOM, VELLOOR VILLAGE, THIRUVANANTHAPURAM TALUK THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.ASOK M.CHERIAN SRI.T.R.RENJITH SRI.R.ROHITH RESPONDENT/COMPLAINANT & THE STATE:

---------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SMT/LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

B.KEMAL PASHA, J.

................................................................ B.A. No.279 of 2015 ............................................................... Dated this the 23rd day of January, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.85/2014 of the Kazhakkoottam Excise Range, Thiruvananthapuram registered for the offence punishable under Section 55(i) of the Abkari Act.

3.

The allegation against the petitioner is that on 23.11.2014 at 12.30 p.m., he was found engaged in selling Indian Made Foreign Liquor in contravention of the provisions of the Abkari Act, and a quantity of 1.800 litres of Indian Made Foreign Liquor was seized from his possession. The petitioner has been in custody from 23.11.2014 onwards.

B.A.No.279 of 2015 -: 2 :- 4.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

5.

The learned Public Prosecutor has pointed out that the petitioner is an accused in five other cases involving similar offences. Even though the petitioner has been in custody for the period from 23.11.2014 onwards, final report has not been filed so far in the matter. Matters being so, the petitioner is entitled to compulsive bail under Section 167(2) Cr.P.C.

6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 30.01.2015 for a period of six months.

B.A.No.279 of 2015 -: 3 :- (ii) The petitioner shall not tamper with the evidence or influence witnesses.

(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

(iv) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge