Starlin C. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 Bail Appl..No. 1144 of 2015 () ------------------------------- CRIME NO. 16/2015 OF PEERUMEDU EXCISE RANGE OFFICE, IDUKKI DISTRICT -------------------- PETITIONER/ACCUSED:

--------------------------------------- STARLIN C., S/O. CHELLAYYA, AGED 39 YEARS, SANTHAIPETTAI STREET, 20/10 HOUSE, BODINAYIKKANUR TALUK, TAMIL NADU STATE.

BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT/COMPLAINANT :

----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE INSPECTOR, PEERUMEDU EXCISE RANGE.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

B.KEMAL PASHA, J.

================ ======================= Dated this the 6th day of March, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.16/2015 of the Peerumede Excise Range, Idukki District, registered for the offence punishable under Section 55(a) and (i) of the Kerala Abkari Act.

3.

The allegation against the petitioner is that on 19.2.2015 at 8 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 300 ml. of Indian Made Foreign Liquor was seized from his possession. The petitioner has been custody for the period from 19.2.2015 onwards.

4.

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

5. It seems that the investigation is practically over. No

criminal antecedents have been reported against the petitioner. 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 criminal antecedents on the part of the petitioner, 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 am and 11 am on all Fridays and Tuesdays, commencing from 13.03.2015 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 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 stu