Deepak v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 Bail Appl..No. 5439 of 2015 ------------------------------------------ CRIME NO. 190/2015 OF ADOOR EXCISE RANGE, PATHANAMTHITTA DISTRICT ----------------- PETITIONER(S)/ACCUSED :

----------------------------------------- DEEPAK, AGED 27 YEARS, S/O.VASUDEVAN, DEEPABHAVANAM, ELAMANNOOR, ENADIMANGALAM, ADOOR, PATHANAMTHITTA.

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

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

2. EXCISE INSPECTOR, EXCISE RANGE OFFICE, ADOOR, PATHANAMTHITTA DISTRICT. BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A. HARIPRASAD, J.

------------------------------ Bail Appl. Nos.5439 of 2015 -------------------------------------------- Dated this the 29th day of September 2015

O R D E R

Bail application filed under Sec.439 of Cr.P.C.

2. Petitioner is the accused in C.R. No.190 of 2015 of Adoor Excise Range registered for the offences punishable under Secs.55(g) and 8(1) and (2) of the Kerala Abkari Act.

3. The prosecution case is that on 15.08.2015 at about 10.40 p.m., the petitioner was found in possession of one litre of arrack kept in the kitchen of his house.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. Learned counsel for the petitioner submitted that the petitioner is in custody from 16.08.2015 and is not involved in any other offence.

Considering the stage of investigation, bail is granted to the petitioner with the following conditions. i. The petitioner shall 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

Bail Appl. Nos.5439 of 2015 2 satisfaction of the learned Magistrate having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The petitioner shall appear before the trial court on all posting dates without any fail.

iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

v. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS P.A. To Judge