Maniyappan v. The Excise Inspector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 Bail Appl..No. 3510 of 2015 ------------------------------- CRIME NO. 151/2015 OF KOLLAM EXCISE RANGE OFFICE, KOLLAM DISTRICT. .........

PETITIONER/ACCUSED:

----------------------------------- MANIYAPPAN, S/O. KANNAN, AGED 42 YEARS, NANDHU BHAVANAM VEETTIL, MANDROTHURUTHU VILLAGE, KOLLAM.

BY ADV. SRI.S.SHAJI RESPONDENT(S)/COMPLAINANT & STATE:

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1. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM.

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

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.3510 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd 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 55(i) of the Kerala Abkari Act. 3.

He was found to sell foreign liquor near a public road. The excise officers seized from him about 1.5 litres of foreign liquor.

4.

Heard.

5.

Having regard to the fact that the quantity seized is only 1.5 liters and that the petitioner has been in custody for more than two weeks I am inclined to grant his prayer.

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) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

B.A. No.3510 of 2015 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 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