Ramachandran v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 Bail Appl..No. 1439 of 2015) ------------------------------- CRIME NO. 23/2015 OF KOTTARAKKARA EXCISE RANGE. ..........
PETITIONER/ACCUSED:
---------------------------------- RAMACHANDRAN ACHARI, AGED 62 YEARS, S/O.KRISHNAN ACHARI, AMBILY VILASOM VEEDU, ELOMKUZHY MURI, VILAKKUDY, KUNNICODU, KOTTARAKARA .
BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/COMPLAINANT/STATE:
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1. STATE OF KERALA, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE EXCISE INSPECTOR, KOTTARAKARA EXCISE RANGE, KOTTARAKARA - 691 506.
BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
B.KEMAL PASHA, J.
................................................................ B.A. No.1439 of 2015 ............................................................... Dated this the 19th 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.23/2015 of the Kottarakka Excise Range, registered for the offences punishable under Sections 55(i) of the Abkari Act. 3.
The allegation against the petitioner is that on 01.03.2015 at 7.30 a.m., he was found engaged in selling Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act, and a quantity of 400 ml of IMFL was seized from his possession. The petitioner has been in custody for the period from 01.03.2015 onwards. 4.
Heard learned counsel for the petitioner and the learned Public Prosecutor.
B.A.No. 1439 of 2015 -: 2 :- 5.
No criminal antecedents have been reported against the petitioner. Investigation of this case is practically over. 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 Thursdays and Mondays commencing from 26.03.2015 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.
B.A.No. 1439 of 2015 -: 3 :- (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