Jaimon K.B. v. Inspector, Kalpetta Excise Range

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 Bail Appl.No. 4779 of 2015 ------------------------------------- CRIME NO. 70/2015 OF KALPETTA EXCISE RANGE OFFICE, WAYANAD ........

PETITIONER(S)/ACCUSED:

-------------------------------------- JAIMON K.B., AGED 39 YEARS, S/O.BABY, JAIVILASAM PUTHENVEETTIL, THARIYODE VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT.

BY ADV. SRI.SUNNY MATHEW RESPONDENT(S)/COMPLAINANTS & STATE:

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1. INSPECTOR, KALPETTA EXCISE RANGE, WAYANAD DISTRICT.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4779 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No. 70 of 2015 of Kalpetta Excise Range, Wayanad. He is said to have committed the offences under Sections 55(i) and 67(B) of the Abkari Act. The prosecution case is that he was found transporting six litres of Indian Made Foreign Liquor.

3.

Heard.

4.

He has been in custody since 24.07.2015. He is not involved in any other case. So, I am inclined to grant his prayer. In the result, this 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 satisfaction of the learned Magistrate concerned.

2) The petitioner shall appear before the investigating officer between 10 a.m and 11 a.m. every day from 25.08.2015 to 02.09.2015 thereafter on every

B.A.No. 4779 of 2015 -: 2 :- alternate Monday for three months.

3)He shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

4)He shall not leave India without the previous permission of the court of enquiry or trial court, as the case may be.

5)He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

6)He 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 DST //True copy// P.A. To Judge