Shaji v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 Bail Appl..No. 6095 of 2015 ---------------------------------------- CRIME NO. 109/2015 OF TRIVANDRUM EXCISE RANGE OFFICE, THIRUVANANTHAPURAM .......

PETITIONER(S)/ACCUSED:

-------------------------------------- SHAJI, AGED 37 YEARS, S/O.SHARJADHARAN, KINARUVEETTIYAVILA VEEDU, KATTACHALKUZHI DESOM, VENGANOOR VILLAGE, THIRUVANANTHAPURAM TALUK.

BY ADV. SRI.G.SUDHEER RESPONDENT(S)/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6095 of 2015 -------------------------------------------- Dated this the 6th day of October 2015

O R D E R

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

2. Petitioner is the accused in Crime No.109 of 2015 of Thiruvananthapuram Excise Range registered for the offence punishable under Sec.55(i) of the Kerala Abkari Act. The prosecution allegation is that the petitioner kept 1.800 litres of Indian Made Foreign Liquor for the purpose of sale.

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

4. Learned counsel for the petitioner submitted that the petitioner remains in custody from 21.09.2015 and is not involved in any other case.

Considering the facts and circumstances, I am inclined to grant bail 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

Bail Appl. No.6095 of 2015 2 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 between 10.00 a.m. and 11.00 a.m. on every Monday and Thursday 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.

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 NS/06/10/2015