Joney Crasta v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 Bail Appl..No. 377 of 2015 () ------------------------------ CRIME NO. 3/2015 OF KASARAGOD EXCISE RANGE OFFICE, KASARGOD ------------ PETITIONER/ACCUSED :
--------------------------------- JONEY CRASTA, AGED 46 YEARS, S/O.LATE LARANCE CRASTA, KOLLAMGANAM DESOM, BELA VILLAGE, KASARAGOD TALUK.
BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/COMPLAINANT/STATE:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. THE STATION HOUSE OFFICER, (CRIME NO.3 OF 2015 OF KASARAGOD EXCISE RANGE) KASARAGOD DISTRICT-671121.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` B.A. No.377 of 2015 ````````````````````````````````````````````````````````````` Dated this the 22nd 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.3/2015 of Kasaragod Excise Range registered for the offence punishable under Section 58 of the Abkari Act. 3.
The allegation against the petitioner is that on 06.01.2015 at 8 p.m., he was found transporting 20 bottles each containing 180 ml. of IMFL, in contravention of the provisions of the Abkari Act. The petitioner has been in custody for the period from 06.01.2015 onwards. 4.
Heard learned counsel for the petitioner and the learned Public Prosecutor.
5.
It seems that the investigation of this case is practically over. The continued detention of the petitioner in custody is not required for the continued investigation of this
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case. Considering the facts and circumstances of this case and having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am satisfied that the petitioner can be enlarged on bail. 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 Thursdays and Mondays commencing from 29.01.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself
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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) aks/22/01 // True Copy // PA to Judge