Babu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 Bail Appl..No. 6140 of 2015 ------------------------------- CRIME NO. 1375/2015 OF SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT. .........

PETITIONER/ACCUSED NO.1:

------------------------------------------ BABU, AGED 47 YEARS, S/O.RAVEENDRAN, BINEESHA BHAVAN, DESASEVINI NAGAR - 108, KANNIMELCHERRY, SAKTHIKULANGARA VILLAGE, MARUTHADI P.O, KOLLAM.

BY ADVS.SRI.BLAZE K.JOSE SRI.M.RAJESH RESPONDENT/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031.

2. THE SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT, PIN - 691 581.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

ANIL.K.NARENDRAN, J.

---------------------------------------------- ----------------------------------------------- Dated this the 20th day of October, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioner is the accused in Crime No.1375 of 2015 of Sakthikulangara Police Station registered for the offence punishable under Section 55 (a) of the Kerala Abkari Act.

3.

Prosecution allegation against the petitioner is that on 21.09.2015 at about 10.00 hours, the petitioner was found in possession of 35 litres of Indian Made Foreign Liquor for the purpose of sale in contravention of the provisions of the Abkari Act. The petitioner was arrested from the spot and ever since, he has been in custody.

4.

Heard.

5.

The learned Public Prosecutor has no serious objection in granting bail to the petitioner. 6.

Considering the facts and circumstances of the

case, including the period of detention of the petitioner and also taking into consideration of the fact that the contraband seized is Indian Made Foreign Liquor, I am inclined to grant bail to the petitioner.

(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/- ANIL.K.NARENDRAN, JUDGE.

AS /True Copy/ P.A. to Judge