Ayyappankani v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 Bail Appl..No. 5989 of 2015 () ------------------------------- CRIME NO. 84/2015 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT -------------- PETITIONER/ACCUSED:
------------------------------------- AYYAPPANKANI, AGED 52 YEARS, S/O. CHELLAMBIKANI K.P. VII/461, THNNIPPARA SETTLEMENT COLONY, CHENAMPARA, KOTOOR, KOKKUDIMURY, MANOORKKARA VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.SARIN RESPONDENT(S):
----------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE EXCISE INSPECTOR, ARYANADU EXCISE RANGE, THIRUVANANTHAPURAM-695 001 BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.5989 of 2015 -------------------------------------------- Dated this the 15th day of October 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioner is the accused in Crime No.84 of 2015 of Aryanad Excise Range registered for the offence punishable under Sec.55(g) of the Kerala Abkari Act. Prosecution case is that, on 24.08.2015 at about 12.30 p.m., the petitioner was found in possession of 35 litres of wash in contravention of the provisions of the Abkari Act. The petitioner was arrested on the same day itself.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that the petitioner is innocent of all the allegations. Considering the nature of allegations and period of detention of the petitioner, bail is granted to the him with the following conditions.
i. The petitioner shall be released on bail on his executing a bond for
Bail Appl. No.5989 of 2015 2 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 for interrogation every Monday and Thursday between 10.00 a.m. and 11.00 a.m. till 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.5989 of 2015 3 cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE / True Copy / NS/15/10/2015 P.A. To Judge