Sajeev v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 Bail Appl..No. 5953 of 2015 --------------------------------------- CRIME NO. 94/2015 OF PATHANAPURAM EXCISE RANGE OFFICE, KOLLAM ..........

PETITIONER(S)/ACCUSED:

-------------------------------------- SAJEEV, AGED 52 YEARS, S/O.RAJAPPA PANICKAR, SAJEEV BHAVANAM, PAVUMBA, KAMUKUMCHERI MURI, PIRAVANTHOOR VILLAGE.

BY ADVS.SRI.PRAVEEN K. JOY SRI.T.A.JOY RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE INSPECTOR, PATHANAPURAM, PUNALUR. BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5953 of 2015 -------------------------------------------- Dated this the 30th day of September 2015

O R D E R

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

2. Petitioner is the accused in Crime No.94 of 2015 of Pathanapuram Excise Range registered for an offence punishable under Sec.55(i) of the Kerala Abkari Act. The prosecution case is that on 14.09.2015 at 6.00 p.m., the petitioner was found in possession of 1.600 litres of Indian Made Foreign Liquor, intended for sale, in contravention of the provisions of the Abkari Act.

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

Considering the quantity of the contraband seized and the fact that the petitioner is not involved in any other offence, 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.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the

Bail Appl. No.5953 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 Investigating Officer between 10.00 a.m.

and 11.00 a.m. on every Monday and Thursday until 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 cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/30/09/2015 P.A. To Judge