Prema Chandran v. The Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 Bail Appl..No. 5557 of 2015 () ------------------------------- CRIME NO. 477/2015 OF PERUMPADAPPU POLICE STATION, MALAPPURAM DISTRICT.

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PETITIONER/ACCUSED:

----------------------------------- PREMACHANDRAN, S/O.ACHUTHAN, ARIYALLI VEEDU, MARANCHERY P.O., PARICHAKAM, MALAPPURAM.

BY ADVS.SRI.C.KHALID, SRI.PHIJO PRADEESH PHILIP.

RESPONDENTS/STATE:

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1. THE SUB INSPECTOR OF POLICE, PERUMPADAPPU POLICE STATION, MALAPPURAM DISTRICT -676 505.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN -682 031.

BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 17th day of September, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.477 of 2015 of Perumpadappu Police Station registered for the offence punishable under Section 55(a) of the Kerala Abkari Act.

3.

Prosecution case is that the petitioner carried 3.75 liters of IMFL in his Autorickshaw. He was arrested on 11.08.2015.

4.

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

5.

Learned Public Prosecutor opposed the bail application. It is submitted that the petitioner was not involved in any other crime. Investigation has advanced to a considerable extent.

6.

Considering the nature of allegations and the fact that he is not involved in any other crime earlier, I

am inclined to grant bail to the petitioner with the following conditions:

(a) The petitioner shall be released on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the learned magistrate having jurisdiction.

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

(c) The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 a.m and 11.00 a.m.

until the final report is filed.

(d) The petitioner shall not intimidate or attempt to influence the witnesses.

(e) The petitioner shall not in any manner

interfere or meddle with the investigation.

(f) Petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge