Anilkumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 Bail Appl..No. 6058 of 2015 () ------------------------------- CRIME NO. 102/2015 OF PATHANAMTHITTA EXCISE RANGE OFFICE , PATHANAMTITTA PETITIONER(S)/IST ACCUSED:

--------------------------------- ANILKUMAR, AGED 48, S/O. GOPINATHAN, SASTHAKUTTIYILVEEDU, MATHOOR P.O.

CHENNERKARA VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA DISTRICT.

BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S)/STATE:

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

BY PUBLIC PROSECUTOR SMT.M.S.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6058 of 2015 -------------------------------------------- Dated this the 8th day of October 2015

O R D E R

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

2. Petitioner is the 1st accused in Crime No.102 of 2015 of Pathanamthitta Excise Range registered for the offences punishable under Secs.55(a), 56(b) and 58 of the Kerala Abkari Act. The prosecution allegation is that on 17.05.2015 at about 6.45 p.m., the petitioner was found in possession of 40 bottles of brown colour liquid. The article allegedly was contraband liquor. The petitioner remains in custody from 17.08.2015 onwards.

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

4. Learned Public Prosecutor submitted that investigation in this case has advanced to a considerable extent.

5. Considering the fact that investigation has advanced to a considerable extent, I am inclined to grant bail to the petitioner with the following conditions.

Bail Appl. No.6058 of 2015 2 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 Investigating Officer for interrogation on 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.

Bail Appl. No.6058 of 2015 3 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/08/10/2015 P.A. To Judge