Velayudhan @ Subhash v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Bail Appl..No. 4234 of 2015 ------------------------------- CRIME NO. 34/2015 OF EXCISE RANGE CHERPPU, TRISSUR DISTRICT. ......

PETITIONER/ACCUSED:

----------------------------------- VELAYUDHAN @ SUBHASH, AGED 53 YEARS, S/O.MAMAKUTTY, KARAYIL HOUSE, CHAZHOOR DESOM, CHAZHOOR VILLAGE, THRISSUR DISTRICT.

BY ADV. SRI.M.PREMCHAND RESPONDENT/RESPONDENT:

------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4234 of 2015 -------------------------------------------- Dated this the 20th day of July 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.34 of 2015 of Excise Range, Cherpu registered for the offence under Sec.55(i) of the Kerala Abkari Act. According to the prosecution, the petitioner was found to be in possession of 2.250 litres of Indian Made Foreign Liquor which he had kept for sale.

3. Heard both sides.

4. The petitioner has been in custody since 02.07.2015. Having regard to the quantity of Liquor seized from him and the fact that he is not involved in any other case, it is only just and proper that he is granted 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 fifty thousand only) with two solvent

B.A. No.4234 of 2015 2 sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2. The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Wednesday 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 one, 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 nor shall he get himself involved in any other criminal case.

6. The petitioner shall not intimidate or

B.A. No.4234 of 2015 3 attempt to influence the witnesses.

7. The petitioner shall co-operate with investigation of the 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