Chellakuttan 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. 5658 of 2015 () ------------------------------- CRIME NO. 1389/2015 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT ------------- PETITIONER/ACCUSED:

------------------------------------- CHELLAKUTTAN, S/O. NANU NADAR, RAJI BHAVAN, AKARATHUVIOLAKAM, NARAYANAPURAM, KEEZHKOLLA, KOLLAYIL VILLAGE.

BY ADV. SRI.R.GOPAN RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A. HARIPRASAD, J.

------------------------------ Bail Appl. Nos.5658 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 Crime No.1389 of 2015 of Neyyattinkara Police station registered for the offences punishable under Secs.55(a) and 58 of the Kerala Abkari Act, Sec.4 read with Sec.13 of the Foreign Exchange Management Act, 1999 and Sec.3 and 17(ii) of the Essential Commodities Act and Sec.13(c) of the Liquefied Petroleum Gas [Regulation of Supply and Distribution] Order, 2000. The petitioner was arrested on 27.08.2015. The contraband articles referred to in the aforementioned statues were recovered from his house.

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

4. Learned Public Prosecutor submitted that investigation has advanced to a considerable extent, but not completed.

Bail Appl. Nos.5658 of 2015 2 Reckoning the fact that the petitioner is in custody from 27.08.2015, 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 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

Bail Appl. Nos.5658 of 2015 3 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