← Library
High Court of KeralaBail Appl./6067/2015allowed

Gopakumar v. State Of Kerala

2015-11-04Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 Bail Appl..No. 6067 of 2015 () ------------------------------- CRIME NO. 680/2015 OF ARYANCODE POLICE STATION, THIRUVANANTHAPURAM ------------------- PETITIONER/ACCUSED :

------------------------------------ GOPAKUMAR, AGE 38, S/O. SUKUMARAN NAIR, ANANTHU BHAVAN, MANALUVILA PAZHANJIPPARA, KEEZHAROOR VILLAGE THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT/STATE :

---------------------------------- STATE OF KERALA REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE ARYANCODE POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J --------------------------------------------------------- B.A.No. 6067 of 2015 --------------------------------------------------------- Dated this the 04th day of November, 2015

O R D E R

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

2. Petitioner is an accused in Crime No.680 of 2015 of Aryancode Police Station, Thiruvananthapuram District, registered for the offence punishable under Secs.55(a),(i),8

(1) & (2) of the Abkari Act, 1077, seeks bail. It is alleged that on 13.09.2015 at 11.15 a.m., the accused was found in possession of 1 litre of Indian Made Foreign liquor and 3.625 litres of spirit.

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

4. The learned Counsel for the petitioner submitted that the petitioner remains in custody from 13.09.2015.

5. The prosecution has no case is that the petitioner is

B.A.No. 6067 of 2015 -2involved in any other offence. Considering the stage of investigation and the number of days in custody, bail is granted to the petitioner with the following conditions :

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 lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.

B.A.No. 6067 of 2015 -3iv. The petitioner shall appear before the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m. untill final report is filed.

v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vi. 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 cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE bpr