Jince Thomas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 Bail Appl..No. 1612 of 2015 () ------------------------------- CRIME NO. 19/2015 OF PATHANAPURAM EXCISE RANGE, KOLLAM DISTRICT ------------------ PETITIONER/ACCUSED NO. 3:

---------------------------------------------- JINCE THOMAS, AGED 27 YEARS, S/O.THOMAS, PERUMANANGATTU VEEDU, MELE CHINNAR MURI, VATHIKKUDI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT & STATE :

-------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.19/2015 OF PATHANAPURAM EXCISE RANGE, KOLLAM DISTRICT).

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

B.KEMAL PASHA, J.

................................................................ B.A. No.1612 of 2015 ............................................................... Dated this the 26th day of March, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 3rd accused in Crime No.19/2015 of the Pathanapuram Excise Range, Kollam registered for the offences punishable under Sections 58, 55(a) and 67B of the Abkari Act.

3.

The allegation against the petitioner and the other accused is that on 21.02.2015 at 11.15 p.m. they were found transporting 84 litres of Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act, by an autorickshaw bearing Reg.No.KL61-B-288. The petitioner has been in custody from 22.02.2015 onwards.

4.

Heard learned counsel for the petitioner and the

B.A.No.1612 of 2015 -: 2 :- learned Public Prosecutor. Perused the CD.

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 02.04.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.

B.A.No.1612 of 2015 -: 3 :- (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