Sailendranath v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 Bail Appl..No. 4610 of 2015 () ------------------------------- CRIME NO. 774/2015 OF ANTHIKAD POLICE STATION, TRISSUR ------------ PETITIONER/ACCUSED :

--------------------------------- SAILENDRANATH, AGED 40 YEARS, S/O.VASU, KONANCHERY HOUSE, KIZHEKKEMURI.P.O., PERINGOTTUKKARA, THRISSUR.

BY ADV. SRI.DILIP J. AKKARA RESPONDENT/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4610 of 2015 -------------------------------------------- Dated this the 5th day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.774 of 2015 of Anthikkad Police station registered for the offence under Sec.55(i) of the Kerala Abkari Act. The prosecution case is that the petitioner was found to be in possession of 21⁄2 litres of Indian Made Foreign Liquor which he had kept for sale.

3. Heard both sides.

4. The petitioner is not involved in any other case. He has been in custody since 02.07.2015. His further detention is not necessary for completion of the 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.25,000/- (Rupees twenty five thousand only) with two

B.A. No.4610 of 2015 2 solvent 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 three 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.

B.A. No.4610 of 2015 3

6) The petitioner shall not intimidate or 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