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High Court of KeralaBail Appl./4523/2015allowed

Sasi Kumar v. State Of Kerala

2015-08-03Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 Bail Appl..No. 4523 of 2015 ------------------------------------- CRIME NO. 60/2015 OF KOTTARAKKARA EXCISE RANGE OFFICE , KOLLAM ------------------- PETITIONER(S)/ACCUSED:

------------------------------------- SASI KUMAR, AGED 51 YEARS, S/O.KOCHUKUNJU, PULIVILA VEEDU, THAZHATHY KULAKKADA DESOM, KULAKKADA VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.

BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S)/COMPLAINANT/STATE:

---------------------------------------------------------

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

2. THE EXCISE INSPECTOR, EXCISE RANGE KOTTARAKKARA, KOLLAM DISTRICT.

BY PUBLIC PROSECUTOR SMT.R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

---------------------------- B.A. No.4523 of 2015 ----------------------------------------- Dated this the 3rd day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.60 of 2015 of Kottarakara Excise Range registered for the offence under Sec.8(1) and (2) of the Kerala Abkari Act. The prosecution case is that he was found to be in possession of 250 m.l. of arrack.

3. Heard both sides.

4. The petitioner has been in custody since 05.06.2015. Final report has so far not been filed. His further detention is not necessary for effective investigation. So I am inclined to grant the prayer of the petitioner.

In the result, the bail application is allowed.

1) The petitioner will be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate

B.A. No.4503 of 2015 2 concerned.

2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Wednesday for six 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 attempt to influence the witnesses.

7) The petitioner shall co-operate with

B.A. No.4503 of 2015 3 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.

K. ABRAHAM MATHEW JUDGE NS