Ratheesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 Bail Appl..No. 6002 of 2015 () ------------------------------- CRIME NO. 37/2015 OF ANTHIKKAD EXCISE RANGE, THRISSUR DISTRICT --------------- PETITIONER/ACCUSED :

------------------------------------ RATHEESH SON OF RAVI, AGED 32 YEARS VADASSERY HOUSE, MANALOOR P.O., THRISSUR DISTRICT.

BY ADVS.SRI.E.VIJIN KARTHIK SRI.P.V.JEEVESH RESPONDENT :

------------------------ STATE OF KERALA (C.R. NO. 37/2015-ANTHIKKAD EXCISE RANGE) 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 01-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 1st day of October, 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.37 of 2015 of Anthikkad Excise Range registered for the offences punishable under Sections 55(i) and 13 r/w Section 63 of the Abkari Act.

3.

Prosecution allegation against the petitioner is that on 26.08.2015 at 11.30 a.m., he was found in possession of 8.5 litres of Indian Made Foreign Liquor meant for the purpose of sale. He was arrested and and the contraband was seized. He remains in custody from that date onwards.

4.

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

5.

Petitioner pleaded innocence.

6.

Learned Public Prosecutor opposed the bail application. Prosecution has no case that the petitioner

is not involved in any other offence.

7.

Considering the nature of allegations including the quantity of the contraband seized and the period of detention, 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