Vijith K.V. v. The Station House Officer, Nileshwar Excise Range

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Bail Appl..No. 3830 of 2015 () ------------------------------- CR. NO. 57/2015 OF NILESHWAR EXCISE RANGE, KASARAGOD DISTRICT. ........

PETITIONER/ACCUSED:

----------------------------------- VIJITH K.V., AGED 22 YEARS, S/O.K.V. VASU, PELIYOOR VEEDU, CHIMMATHOD DESOM, KARINDALAM VILLAGE, VELLARIKUNDU TALUK.

BY ADVS.SRI.C.K.SREEJITH, SRI.MURUGAN P.V., SMT.MARY RANZOM LOUIZ, SRI.P.J.SONY.

RESPONDENTS/COMPLAINANTS:

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1. THE STATION HOUSE OFFICER, NILESHWAR EXCISE RANGE, KASARAGOD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3830 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is accused of having committed the offence under Section 55(a) of the Abkari Act. He was found to be in possession of 3 litres of liquor.

3.

Heard.

4.

The petitioner has been in custody since 19.06.2015. His further detention is not necessary for the completion of the 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)The petitioner shall appear before the investigating officer between 10 a.m and 11 a.m. on second and fourth Saturdays for four months, or till the final report is filed, whichever is earlier.

3)The petitioner shall surrender his passport before the lower concerned or if he does not have one, he shall file

B.A.No. 3830 of 2015 ::2::

an affidavit to that effect within five days of his release. 4)He shall not leave India without the previous permission of the court of enquiry or trial court, as the case may be. 5)He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

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 DST //True copy// P.A. To Judge