Gopinathan Pillai v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 Bail Appl..No. 1966 of 2015 ------------------------------- CRIME NO. 22/2015 OF CHADAYAMANGALAM EXCISE RANGE, KOLLAM DISTRICT. ........

PETITIONER/ACCUSED:

---------------------------------- GOPINATHAN PILLAI, AGED 53 YEARS, S/O.NARAYANAN UNNITHAN, ATHIRA HOUSE, VAYYANAM(P.O), ITTIVA VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.

BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

B.KEMAL PASHA, J.

................................................................ B.A. No.1966 of 2015 ............................................................... Dated this the 8th 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.22/2015 of the Chadayamangalam Excise Range, Kollam registered for the offence punishable under Section 55(i) of the Abkari Act. 3.

The allegation against the petitioner is that on 24.03.2015 at 5.20 p.m., he was found engaged in selling Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act, and a quantity of 800 ml of IMFL was seized from his possession. The petitioner has been in custody for the period from 24.03.2015 onwards. 4.

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

B.A.No.1966 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 Wednesdays and Saturdays commencing from 15.04.2015 for a period of six months.

(ii) The petitioner shall not tamper with the evidence or influence witnesses.

(iii) The petitioner shall make himself

B.A.No.1966 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