Mohanan Nair v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1937 Bail Appl..No. 1509 of 2015 -------------------------------------- CRIME NO. 79/2015 OF THANNITHODU POLICE STATION , PATHANAMTITTA --------------- PETITIONER(S)/ACCUSED:

-------------------------------------- MOHANAN NAIR AGED 47 YEARS THAZHATHU VEEDU, THAZHEPPARAKKULAM, THEKKUTHODU THANNITHODU VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

B.KEMAL PASHA, J.

................................................................ B.A. No. 1509 of 2015 ............................................................... Dated this the 20th 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.79/2014 of the Thannithodu Police Station, registered for the offence punishable under Section 8(1) and (2) of the Abkari Act. 3.

The allegation against the petitioner is that on 07.03.2015 at 8.40 p.m., he was found in possession of 800 ml of arrack, in contravention of the provisions of the Abkari Act. The petitioner has been in custody from 07.03.2015 onwards.

4.

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

5.

No criminal antecedents have been reported

B.A.No.1509 of 2015 -: 2 :- 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 Fridays and Tuesdays commencing from 27.03.2015 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

B.A.No.1509 of 2015 -: 3 :- 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