Manesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 Bail Appl..No. 6533 of 2015 ------------------------------------- CRIME NO. 118/2015 OF KOTTARAKKARA EXCISE RANGE OFFICE, KOLLAM ----------------------- PETITIONER(S)/PETITIONER:
----------------------------------------- MANESH, AGED 38 YEARS, S/O.KARUNAKARAN, ANNADAVILASOM VEEDU, KOTTAVATTOM, CHAKKUVARAKKAL VILLAGE, KOLLAM.
BY ADV. SRI.SYAM J SAM RESPONDENT(S)/COMPLAINANT:
----------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.6533 of 2015 -------------------------------------------- Dated this the 30th 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.118 of 2015 of Kottarakara Excise Range registered for the offence punishable under Sec.55(i) of the Kerala Abkari Act. Prosecution case is that on 01.10.2015 at about 10.00 a.m., the petitioner was found in possession of 800 m.l. of Indian Made Foreign Liquor. He was arrested on the date of detection itself.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application contending that the petitioner is involved in three other crimes of similar nature.
Considering the quantity of the contraband involved and the period of detention of the petitioner, bail is granted to him with the following conditions.
Bail Appl. No.6533 of 2015 2 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.
iv. 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. until final report is filed.
v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall
Bail Appl. No.6533 of 2015 3 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 / True Copy / NS/30/10/2015 P.A. To Judge