Pushpakumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 Bail Appl..No. 3979 of 2015 ---------------------------------------- CRIME NO. 85/2015 OF SASTHAMCOTTA EXCISE RANGE, KOLLAM DISTRICT ------------------ PETITIONER(S)/ACCUSED :

------------------------------------------ PUSHPAKUMAR, AGED 47 YEARS, S/O.KOCHUKUNJU, LEKSHMIBHAVANAM VEEDU, IVERKALA, PADINJATTINKARA MURI, KUNNATHOOR VILLAGE, KUNNATHOOR TALUK.

BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENT(S)/STATE :

-------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR OF POLICE, SASTHAMCOTTA EXCISE RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.3979 of 2015 -------------------------------------------- Dated this the 10th day of July 2015

O R D E R

Petition filed under Sec.439 Cr.P.C.

2. Petitioner is accused in C.R. No.85 of 2015 of Sasthamcotta Excise Range registered for the offence under Sec.55(i) of the Kerala Abkari Act. The prosecution case is that he was found selling Indian Made Foreign Liquor. 700 m.l. of Indian Made Foreign Liquor was seized from his custody.

3. Heard both sides.

4. The quantity of Indian Made Foreign Liquor seized from him is only 700 m.l. He has been in custody since 24.06.2015. He is not involved in any other case. His further detention is not necessary for effective investigation. So I am inclined to grant him anticipatory bail.

In the result, the bail application is allowed.

1. The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees

B.A. No.3979 of 2015 2 fifty 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 10.30 a.m and 11.30 a.m. on every Friday for four months, or till the final report is filed, whichever is earlier.

3. The petitioner shall surrender his passport before the lower court concerned or if he does not have the same, file an affidavit to that effect.

4. The petitioner shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

5. The petitioner shall not destroy or tamper with evidence.

6. The petitioner shall not intimidate or attempt to influence the witnesses.

7. The petitioner shall not get himself

B.A. No.3979 of 2015 3 involved in any other criminal case.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy/ NS P.A. To Judge