P.V.Kunhiraman v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Bail Appl..No. 2994 of 2015 ------------------------------- CRIME NO. 36/2015 OF NILESHWAR EXCISE RANGE, KASARGOD DISTRICT. ...........

PETITIONER/ACCUSED:

----------------------------------- P.V.KUNHIRAMAN, AGED 65 YEARS, S/O. KANNAN KARANAVAR, PEEDIKA VALAPPIL VEEDU, KONDOTTI, KARINDALAM VILLAGE, VELLARIKUNDU TALUK.

BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM RESPONDENT(S)/COMPLAINANTS:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

2. EXCISE INSPECTOR, NILESWAR EXCISE RANGE, KASARAGOD DISTRICT, PIN - 673 001.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2994 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is alleged to have committed the offence under Section 8(1) & (2) of Abkari Act. 3.

The prosecution case is that he was found to be in possession of arrack.

4.

Heard.

5.

The petitioner is aged 65 years. The learned counsel submits that the allegation is false. The petitioner has been in custody since 30.04.2015. Further detention is not necessary for effective investigation. 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 nd and 4 th between 11 a.m and 12 noon on all the 2

B.A. No.2994 of 2015 Tuesdays for three months, or till the final report is filed, whichever is 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