Vijayakumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 Bail Appl..No. 2524 of 2015 ---------------------------------------- CRIME NO. 74/2015 OF EXCISE RANGE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT --------------- PETITIONER(S)/ACCUSED :

----------------------------------------- VIJAYAKUMAR @ ANIYAN, AGED 46 YEARS, CHELLAPPAN, MUTHAMBAKKAL, PULLAMBADA, PALLIPAD, KARTHIKAPPILLY P.O., ALLAPPUZHA DISTRICT. BY ADV. SRI.K.R.SUNIL RESPONDENT(S)/COMPLAINANT/STATE :

------------------------------------------------------------- THE EXCISE INSPECTOR, EXCISE RANGE, KATHIKAPPILLY, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA- 682 031.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2524 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of June, 2015

O R D E R

Petition filed under Section 439(1) Cr.P.C.

2.

Petitioner is alleged to have committed the offence under Section 55 (i) of the Abkari Act.

3.

The prosecution case is that he was found to be in possession of 13.600 litres of Indian Made Foreign Liquor which was intended for sale.

4.

Heard.

5.

The petitioner has been in custody since 23.04.2015. The investigation is not complete. His further detention is not necessary.

In the result, this application is allowed.

1.

The petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2.

He shall appear before the investigating officer between 11 a.m and 12 noon on all the 2nd and 4th Tuesdays for three months, or till the final report is filed, whichever is

B.A. No.2524 of 2015 earlier.

3.

He shall not threaten or attempt to influence the witnesses, nor shall he while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge