Biju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 Bail Appl..No. 5518 of 2015 ------------------------------------- CRIME NO. 1014/2015 OF MALA EXCISE RANGE, THRISSUR --------------------- PETITIONER/ACCUSED:

---------------------------------- BIJU, AGED 42 YEARS, S/O.NARAYANAN, PADAPARAMBATHU HOUSE, POOVATHUSSERRY, KALLUR THEKKUMURI VILLAGE, .

BY ADVS.SRI.P.P.THAJUDEEN SRI.MANSOOR.B.H.

RESPONDENT/COMPLAINANT/STATE:

------------------------------------------------------ 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 16-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5518 of 2015 ------------------------------------------------ Dated this the 16th day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the accused in Crime No.1014/2015 of Mala Excise Range registered for an offence punishable under Section 55 (i) of the Abkari Act.

3.

Prosecution case, in short, is that on 01-09-2015 at about 15.40 hours, the accused was found in possession of 1 litre of Indian Made Foreign Liquor for the purpose of sale. 4.

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

5.

Learned counsel for the petitioner submitted that the petitioner possessed the liquor for sale is a false allegation. He is not involved in any other offence. After hearing both sides, I find that bail can be granted to the petitioner with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty

B.A No.5518 of 2015 2 thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

2. The sureties shall produce documents to establish their identity and solvency. The learned Magistrate need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3. The petitioner shall appear before the Investigating Officer on all Mondays between 10.00 and 11.00 a.m until final report is filed.

4. The petitioner shall not indulge in any offence while on bail.

5. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// amk P.A to Judge