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High Court of KeralaBail Appl./4688/2015allowed

Raji v. State Of Kerala

2015-08-11Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Bail Appl..No. 4688 of 2015 () ------------------------------- CRIME NO. 66/2015 OF ADOOR EXCISE RANGE OFFICE, PATHANAMTITTA ---------------- PETITIONER/ACCUSED A1 :

------------------------------------- RAJI, AGED 35 YEARS, W/O.RAJEEVE, RAJEEVAM, THUVAYOOR SOUTH MURI, KADAMBANADU, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 036.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.No.4688 of 2015 ------------------------------------------- Dated this the 11th day of August, 2015

ORDER

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.66 of 2015 of Adoor Excise range, Pathanamthitta District. She is said to have committed the offence under Section 55 (a) and (i) of the Abkari Act.

3.

The prosecution case is that she along with the coaccused was found to be in possession of 8.7000 liters of IMFL in her house.

4.

Heard both sides.

5.

The petitioner has been in custody since 09.07.2015. One of the co-accused is her husband. The Sessions Judge has granted bail to the co-accused.Only for that reason I am inclined to grant bail to the petitioner also. In the result, this application is allowed.

1. The petitioner will be released on bail on her 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 concerned.

2. She shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Monday and Thursday till the conclusion of

B.A.No.4688 of 2015 the investigation.

3. She shall surrender her passport before the lower court concerned or if she does not have the one, file an affidavit to that effect.

4. She shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

5. She shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

6. She shall not intimidate or attempt to influence the witnesses.

7. She shall not enter Adoor Taluk till the conclusion of the investigation except for complying with the direction in this order.

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 R.AV //True Copy// PA to Judge