Bhargavan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 Bail Appl..No. 4868 of 2015 ------------------------------- CRIME NO. 115/2015 OF SASTHAMCOTTA EXCISE RANGE, KOLLAM DISTRICT. ..........

PETITIONER/ACCUSED:

---------------------------------- BHARGAVAN, AGED 55 YEARS, S/O NARAYANAN NAIR, INDIRALAYAM VEEDU, PULIKULAM MURI, SOORANADU NORTH VILLAGE, KUNATHUR TALUK, KOLLAM DISTRICT.

BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENT(S)/STATE:

------------------------------------

1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31

2. EXCISE INSPECTOR, EXCISE RANGE OFFICE, SASTHAMCOTTA, KOLLAM DISTRICT -691 009.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4868 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st 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.115 of 2015 of Sasthamcotta Excise Range, Kollam District. He is said to have committed the offence under Section 55(i) of the Abkari Act.

3.

The prosecution case is that he was found to be in possession of 600 ml of Indian Made Foreign Liquor which according to the prosecution he kept for sale. 4.

Heard.

5.

The petitioner has been in custody since 28.07.2015. He is not involved in any other case. So I am inclined to grant his prayer for bail.

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.

B.A. No.4868 of 2015 2.

He shall appear before the investigating officer if he is so required by him in writing.

3.

He shall not threaten or attempt to influence the witnesses, nor shall he while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. 4.

He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release. 5.

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

6.

He shall not enter the local limits of Sasthamcotta Excise Range Office till 02.09.2015.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge