Sasidharan @ Sasi v. State
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. 6028 of 2015 ------------------------------------ CRIME NO. 134/2015 OF KARUNAGAPPALLY EXCISE RANGE OFFICE, KOLLAM ------------------ PETITIONER(S)/ACCUSED:
------------------------------------- SASIDHARAN @ SASI, AGED 62 YEARS, S/O.NANU, KALLAYYATHU VEEDU, KALLELIBHAGOM MURI, KALLELIBHAGOM VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADV. SRI.B.MOHANLAL RESPONDENT(S)/COMPLAINANT & STATE:
------------------------------------------------------------ STATE REPRESENTED BY THE EXCISE RANGE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT, THROUGH 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: PJ
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.134 of 2015 of Karunagappally Excise Range registered for the offence punishable under Section 55(i) of the Abkari Act. 3.
Prosecution allegation against the petitioner is that on 31.08.2015 at 08.00 p.m., he was found in possession of 2.375 litres of Indian Made Foreign Liquor in three bottles for the purpose of sale. He was arrested from the spot. He remains in custody from that date onwards.
4.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5.
Leaned counsel for the petitioner submitted that the petitioner is not involved in any other offence. 6.
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