Ramesan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 Bail Appl..No. 6357 of 2015 ------------------------------- CR. NO. 93/2015 OF IRINJALAKUDA EXCISE RANGE OFFICE, THRISSUR .........

PETITIONER(S)/ACCUSED:

-------------------------------------- RAMESAN, AGED 35 YEARS, S/O.KOCHUMON, PONNEBALAN HOUSE, THRIKKUR - ATHANI, THRISSUR DISTRICT.

BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR RESPONDENT(S)/STATE & COMPLAINANT:

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

2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, IRINJALAKUDA, THRISSUR -680 121. BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6357 of 2015 -------------------------------------------- Dated this the 15th 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 C.R. No.93 of 2015 of Irinjalakuda Excise Range registered for the offences punishable under Secs.55(g) and 8(1) and (2) of the Kerala Abkari Act. Prosecution case is that on 27.08.2015 at about 16.30 hours, Excise officers found that three accused persons had possessed 20 litres of illicit arrack and 400 litres of wash in a shed. The petitioner remains in custody from 27.08.2015 onwards.

3. Heard the learned senior 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 nature of allegations and the fact that the petitioner remains in custody from 27.08.2015, bail is granted to him with the following

Bail Appl. No.6357 of 2015 2 conditions.

i. The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh 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 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

Bail Appl. No.6357 of 2015 3 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 / True Copy / NS/15/10/2015 P.A. To Judge