Prasannan v. State Of Kerala

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. 4577 of 2015 () ------------------------------- CRIME NO. 2345/2015 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT -------------------- PETITIONER/ACCUSED :

------------------------------------ PRASANNAN AGED 48 YEARS, S/O.VIDYADHARAN, THUNDIL THEKKETHIL VEEDU PUTHUPPALLY NORTH MURI, PUTHUPPALLY VILLAGE.

BY ADV. SMT. V.P. SATHI RESPONDENT/COMPLAINANT :

----------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. REMA R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

---------------------------- B.A. No.4577 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.2345 of 2015 of Kayamkulam Police station registered for the offence under Sec.55(a) and (i) of the Kerala Abkari Act. The allegation is that he was found to be in possession of 2.750 litres of Indian Made Foreign Liquor which according to the prosecution, he had kept for sale.

3. Heard both sides.

4. The petitioner has been in custody since 11.07.2015. He is not involved in any other case. 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.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the

B.A. No.4577 of 2015 2 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 attempt to influence the witnesses.

B.A. No.4577 of 2015 3

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.

K. ABRAHAM MATHEW JUDGE NS