Sajeesh T.V v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 Bail Appl..No. 1894 of 2015 ------------------------------- CRIME NO. 25/2015 OF NILESHWAR EXCISE RANGE, KASARGOD DISTRICT. ............

PETITIONER/ACCUSED:

---------------------------------- SAJEESH T.V, AGED 28 YEARS, S/O T.V.KRISHNAN, RESIDING AT THEKKE VEETTIL, MOOPPIL DESOM, KINANOOR VILLAGE, KALICHANADUKKAM HOSDURG TALUK, KASARAGOD DISTRICT.

BY ADV. SRI.T.MADHU RESPONDENT/STATE:

------------------------------- THE STATE OF KERALA, THROUGH THE EXCISE RANGE OFFICER, NILESHWAR EXCISE RANGE, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

B.KEMAL PASHA, J.

................................................................ B.A. No.1894 of 2015 ............................................................... Dated this the 7th 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.25/2015 of the Nileshwar Excise Range, Kasaragod registered for the offence punishable under Section 58 of the Abkari Act. 3.

The allegation against the petitioner is that on 14.03.2015 at 8 a.m., he was found transporting 17.05 litres of Indian Made Foreign Liquor, meant for sales in Pondicherry only, in contravention of the provisions of the Abkari Act. The petitioner has been in custody for the period from 14.03.2015 onwards.

4.

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

B.A.No.1894 of 2015 -: 2 :- 5.

Investigation of this case is practically over. Having regard to the period undergone by the petitioner in custody and the present stage of investigation, 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 Tuesdays and Fridays commencing from 14.04.2015 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

B.A.No.1894 of 2015 -: 3 :- 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