Anilkumar K.P. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 Bail Appl..No. 6059 of 2015 ------------------------------------- CRIME NO. 73/2015 OF KONNI EXCISE RANGE OFFICE, PATHANAMTITTA .........

PETITIONER(S)/ACCUSED:

-------------------------------------- ANILKUMAR K.P., AGED 35 YEARS, S/O. SIVAPRASAD, KATTUKALLINKAL VEEDU, MEKKOZHOOR, MYLAPRA VILLAGE, 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.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6059 of 2015 -------------------------------------------- Dated this the 13th day of October 2015

O R D E R

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

2. Petitioner is the accused in O.R. No.73 of 2015 of Konni Excise Range registered for the offence punishable under Sec.55(g) of the Kerala Abkari Act. Prosecution allegation is that on 25.08.2015 at about 2.00 p.m., the petitioner was found in possession of 60 litres of wash in his residential building.

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

4. Learned Public Prosecutor submitted that the petitioner is not involved in any other offence of similar nature.

Considering the stage of investigation and the fact that the petitioner remains in custody from 25.08.2015 onwards, I am inclined to grant bail to him with the following conditions.

i. The petitioner shall be released on

Bail Appl. No.6059 of 2015 2 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.6059 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/13/10/2015 P.A. To Judge