Koran v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 Bail Appl..No. 800 of 2015 () ------------------------------ CRIME NO. 12/2015 OF PAYYANNUR EXCISE RANGE, KANNUR DISTRICT ---------------------- PETITIONER/ACCUSED :
------------------------------------- KORAN, S/O. KARALA VEETTIL KORAN, AGED 69 YEARS, KUTHUR, KUTHU AMSOM DESOM TALIPARAMBA 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 - 682 031.
2. THE STATION HOUSE OFFICER, CRIME NO. 12 OF 2015 OF PAYYANNUR EXCISE RANGE KANNUR DISTRICT - 670 001.
R1 & R2 BY PUBLIC PROSECUTOR SRI. SREEJITH V.S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
B.KEMAL PASHA, J.
................................................................ B.A. No.800 of 2015 ............................................................... Dated this the 16th 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.12/2015 of the Payyannur Excise Range, Kannur registered for the offences punishable under Sections 55(a) and 55(g) of the Abkari Act.
3.
The allegation against the petitioner is that on 30.01.2015 at 10.30 p.m., he was found in possession of 5 litres of arrack, in contravention of the provisions of the Abkari Act. The petitioner has been in custody for the period from 30.01.2015 onwards.
4.
Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
B.A.No.800 of 2015 -: 2 :- 5.
No criminal antecedents have been reported against the petitioner. The contents of CD reveal that the investigation of this case 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 Mondays and Thursdays commencing from 23.02.2015 for a period of
B.A.No.800 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