Gopi.P v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 Bail Appl..No. 2161 of 2015 ----------------------------- AGAINST THE ORDER IN CMP 3950/2015 of J.M.F.C.-I,HOSDRUG DATED 04-04-2015 CRIME NO. 31/2015 OF HOSDURG EXCISE RANGE OFFICE, KASARGOD PETITIONER:
------------ GOPI.P, AGED 35 YEARS, S/O.PALOTTIL RAGHAVAN, RESIDING AT ADUKATH PARAMBU, PUTHUKAI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT BY ADV. SRI.T.MADHU RESPONDENT:
----------- THE STATE OF KERALA THROUGH THE EXCISE RANGE OFFICER HOSDURG EXCISE RANGE, KASARAGOD DISTRICT REPRESENTED BY THE PUBLC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682031 BY PUBLIC PROSECUTOR SRI.ROY THOMAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ab
P.UBAID, J.
--------------------------------------- --------------------------------------- Dated this the 8th day of May, 2015 O R D E R The petitioner herein is the accused in Crime No.31/2015 of the Hosdurg Excise Range, registered under Section 55(1) of the Kerala Abkari Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate I, Hosdurg on 4.4.2015. The petitioner has been in judicial custody since 1.4.2015. 2.
The prosecution case is that on 1.4.2015 the petitioner was found possessing 7.8 liters of Indian made foreign liquor for the purpose of illicit sale. 3.
This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, it will definitely obstruct the investigation.
4.
On hearing both sides, and on a perusal of the materials including the case diary I find that investigation in this case is practically over, and that the petitioner can be now
released on appropriate conditions. On a perusal of the case diary, I find that the investigating officer has already questioned the material witnesses and has recovered the material properties. However, the petitioner will have to be directed report before the investigating officer till investigation is over, to ensure that the remaining part of investigation is not in any manner obstructed. I find that the police has already collected the necessary materials as part of investigation, and I do not find the necessity of continued detention of the petitioner in custody. 5.
In the result, this application for bail is allowed. The petitioner will be released on bail on his executing bond with two solvent sureties for 50,000/- to the satisfaction of the ₹ learned Judicial First Class Magistrate I, Hosdurg. Bail is granted on condition that a) The petitioner shall report before the investigating officer between 10 am. and 11 am. on all Wednesdays for a period of two months.
b) The petitioner shall not leave the jurisdictional limits of the learned Judicial First Class Magistrate, Hosdurg for two months.
c) The petitioner shall not in any manner
influence or intimidate the material witnesses, and he shall not have any contact with the material witnesses directly or over telephone or otherwise.
d) The petitioner will make a security deposit of 10,000/- (Rupees ten thousand only) in the ₹ court below as a further condition for bail. The amount of security deposit will be released on conclusion of trial. It will be subject to forfeiture in case of absence during trial without sufficient reason.
(e) The petitioner shall not involve any offence punishable under the Kerala Abkari Act till conclusion of trial.
P.UBAID JUDGE ab