Yousaf v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 Bail Appl.No. 588 of 2015 ---------------------------------- CRIME NO. 75/2014 OF MANNARKKAD EXCISE RANGE, PALAKKAD .....
PETITIONER(S)/ACCUSED:
-------------------------------------- YOUSAF, AGED 30 YEARS, S/O.MUHAMMED, KALLINGAL VEEDU, THAVALAM, AGALI, PALAKKAD DISTRICT.
BY ADV. SRI.BABU S. NAIR RESPONDENT(S)/RESPONDENTS:
-------------------------------------------------
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
2. THE EXCISE INSPECTOR, MANNARKKAD EXCISE RANGE, PALAKKAD DISTRICT, PIN - 678 582.
BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` B.A. No.588 of 2015 ````````````````````````````````````````````````````````````` Dated this the 5th day of February, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the accused in Crime No.75/2014 of Mannarkkad Excise Range registered for the offence punishable under Section 55(i) of the Abkari Act. 3.
The allegation against the petitioner is that on 23.12.2014 at 3.35 p.m. he was found transporting 40 litres of IMFL, by way of 80 bottles each containing 500 ml., by autorickshaw bearing registration No.KL-50-8172. The petitioner has been in custody for the period from 23.12.2014 onwards.
4.
Heard learned counsel for the petitioner and the learned Public Prosecutor.
5.
No criminal antecedents have been reported against the petitioner. It seems that the investigation of this
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case is practically over. The continued detention of the petitioner in custody is not required for the continued investigation of this 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 12.02.2015 for a period of six months.
(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
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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/05/02 // True Copy // PA to Judge