Sundaresan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 Bail Appl..No. 5484 of 2015 ------------------------------- CRIME NO. 58/2015 OF ANGAL EXCISE RANGE, KOLLAM DISTRICT. ............

PETITIONER/ACCUSED:

---------------------------------- SUNDARESAN, S/O.THANKAPPAN,AGED 44 YEARS, PUTHEN VEEDU, PADINJATTINKARA, ANCHAL, EDAMULAKKAL VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT.

BY ADVS.SRI.ANIL K.MOHAMMED SRI.V.S.MANSOOR RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5484 of 2015 -------------------------------------------- Dated this the 15th day of September 2015

O R D E R

Petition filed under Sec.439 of Cr.P.C.

2. Petitioner is the accused in Crime No.58 of 2015 of Anchal Excise Range registered for the offence punishable under Sec.55(a) of the Kerala Abkari Act. The prosecution case is that, on 21.08.2015 at about 7.45 p.m., the petitioner was found illegally selling Indian Made Foreign Liquor at a public place. He was found in possession of 2.625 litres of Indian Made Foreign liquor.

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

4. Learned Public Prosecutor opposed the bail application. It is submitted that the petitioner is involved in another crime.

Considering the quantity of the contraband seized and the period of custody, bail is granted to the petitioner with the following conditions.

i. The petitioner shall be released on

Bail Appl. No.5484 of 2015 2 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 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 Investigating Officer between 10.00 a.m.

and 11.00 a.m. on every Monday and Thursday until the final report is filed.

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

Bail Appl. No.5484 of 2015 3 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