Rajesh 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. 6441 of 2015 --------------------------------------- CRIME NO. 1265/2015 OF KATTAPPANA POLICE STATION, IDUKKI ......

PETITIONER(S)/ACCUSED:

-------------------------------------- 1.

RAJESH,AGED 30 YEARS, S/O.RAMACHANDRAN, MANNAMKUNNEL HOUSE, KOCHUKAMAKZHY KARA, IRATTAYAR VILLAGE, KATTAPPANA.

2.

HARI, AGED 29 YEARS, S/O.VIJAYAN, AMBAZHATHINAL HOUSE, PRAKASH KARA, THANKAMANI VILLAGE, KATTAPPANA.

BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION THROUGH 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.6441 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. Petitioners are the accused in Crime No.1265 of 2015 of Kattappana Police station registered for the offences punishable under Secs.55(a) and (i) of the Kerala Abkari Act. Prosecution case is that on 04.10.2015 at about 9.30 p.m., the petitioners were found in possession of six bottles of Indian Made Foreign Liquor and two bottles of beer in an authorickshaw. It is alleged that the petitioners were in illicit sale of the liquor.

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

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

Considering the nature of allegation, I am inclined to grant bail to the petitioners with the following conditions.

Bail Appl. No.6441 of 2015 2 i. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each 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 petitioners 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 petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.

v. The petitioners shall not involve in any other offence during the period of bail.

Bail Appl. No.6441 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