Sadanandan @ Anandan v. State Represented By The Excise Range Inspector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 Bail Appl..No. 479 of 2015 ------------------------------------- CRIME NO.08/2015 OF SASTHAMCOTTAH EXCISE RANGE OFFICE , KOLLAM DISTRICT --------------------- PETITIONER(S)/ACCUSED:

---------------------------------------------- SADANANDAN @ ANANDAN, AGED 61 YEARS, S/O.KOCHUKUNJU, SHINI BHAVANAM, VALIYAPADAM MURI, WEST KALLADA VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT.

BY ADV. SRI.B.MOHANLAL RESPONDENT(S)/COMPLAINANT & STATE :

--------------------------------------------------------------- STATE, REPRESENTED BY THE EXCISE RANGE INSPECTOR, SASTHAMCOTTAH EXCISE RANGE, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd.

B.KEMAL PASHA, J.

................................................................ B.A. No. 479 of 2015 ............................................................... Dated this the 28th 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.8/2015 of the Sasthamcotta Excise Range, Kollam registered for the offence punishable under Section 55(i) of the Abkari Act. 3.

The allegations against the petitioner is that on 13.01.2015 at 08.45 p.m., he was found in possession of 2.700 litres of Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act. The petitioner was arrested on 13.01.2015 and thereafter he has been in custody.

4.

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

B.A.No.479 of 2015 -: 2 :- has opposed the petition.

5.

No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view 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 Wednesdays and Saturdays commencing from 04.02.2015 for a period of

B.A.No.479 of 2015 -: 3 :- 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 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