Syamlal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 Bail Appl.No. 4057 of 2015 ------------------------------------- C.R. NO. 152/2015 OF ADOOR EXCISE RANGE OFFICE, PATHANAMTHITTA ........

PETITIONER(S)/ACCUSED 3&4:

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1. SYAMLAL, AGED 35 YEARS, S/O. BALAKRISHNA PILLAI, RAJU VILASOM, PUTHOOR VILLAGE, KOTTARAKARA.

2. CHANDRASEKHARAN NAIR, AGED 46 YEARS, S/O. SHIVARAMAN NAIR, CHEMMALIPILLIL HOUSE, ARUKALICKAL KIZHAKKU MURI, ENATHU, ADOOR.

BY ADVS.SRI.K.SHAJ SRI.SAJJU S.

RESPONDENT(S)/STATE:

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

2. EXCISE INSPECTOR, EXCISE RANGE OFFICE, ADOOR, PATHANAMTHITTA DISTRICT - 689 645.

BY PUBLIC PROSECUTOR SMT.REMA R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4057 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioners are accused of having committed the offences under Sections 55(a)(i), 55D and 67B of the Kerala Abkari Act. They are employees of Kerala State Beverages Corporation. It is alleged that they sold 50 litres of Indian Made Foreign Liquor to the co-accused without any authority, so that the co-accused might sell them.

3.

Heard.

4.

The petitioners have been in custody since 30.06.2015. Their further detention is not necessary for completion of the investigation. So, I am inclined to grant the prayer of the petitioners.

In the result, this application is allowed.

1)The petitioners will be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only)each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned 2)The petitioners shall appear before the Investigating

B.A.No. 4057 of 2015 ::2::

Officer between 10 a.m and 11 a.m. every Thursday for four months, or till the final report is filed, whichever is earlier.

3)The petitioners shall surrender their passports before the lower court concerned or if they do not have one, they shall file affidavits to that effect within five days of their release.

4)They shall not leave India without the previous permission of the court of enquiry or trial court, as the case may be.

5)They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.

If the petitioners violate 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