Thangamani v. The State Of Kerala
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. 4708 of 2015 () ------------------------------- CRIME NO. 71/2015 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT --------------------- APPLICANT/PETITIONER :
---------------------------------------- THANKAMANI,AGED 55 YEARS, D/O. AMMUKUTTY, MANDANATHU KIZHAKKATHIL HOUSE, AADHINADU SOUTH, KARUNAGAPPALLY, KOLLAM.
BY ADV. SMT.THUSHARA.V RESPONDENT(S)/RESPONDENTS & STATE :
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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT-691 001 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:
sts
K.ABRAHAM MATHEW, J.
------------------------------------------- B.A.No.4708 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.71 of 2015 of karunagappally Excise range, Kollam District. She is said to have committed the offences under Sections 55 (a) and (i) of the Abkari Act.
3.
The prosecution case is that she was found to be in possession of 12.5 liters of IMFL, which she had kept for sale according to the prosecution.
4.
Heard both sides.
5.
The petitioner has been in custody since 12.06.2015. Final report has so far not been filed. I am compelled to grant her bail.
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 for five months or till the final report is filed, whichever is earlier.
B.A.No.4708 of 2015
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 the Karunagappally 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