M Pranav Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 Bail Appl..No. 1678 of 2015 () ------------------------------- CRIME NO. 24/2015 OF KASARAGOD EXCISE RANGE, KASARAGOD DISTRICT ---------------------- PETITIONER/ACCUSED:

--------------------------------------- M. PRANAV KUMAR, AGED 33 YEARS,, S/O.M.CHANDRAN, R/AT NEAR SREE VENKITARAMANA TEMPLE, SVT DESAM, KASARAGOD TALUK & DIST.

BY ADV. SRI.S.JIJI RESPONDENT/STATE:

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

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

B.KEMAL PASHA, J.

................................................................ B.A. No.1678 OF 2015 ............................................................... Dated this the 9th day of April, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.24/2015 of the Kasaragod Excise Range, registered for the offence punishable under Sections 8(1) and (2) of the Abkari Act. 3.

The allegation against the petitioner is that on 10.03.2015, he was found in possession of 27 litres of arrack, in contravention of the provisions of the Abkari Act. The petitioner has been in custody for the period from 10.03.2015 onwards.

4.

Heard learned counsel for the petitioner and the

B.A.No.1678 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 16.04.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier

B.A.No.1678 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