John Thankaraj v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 Bail Appl..No. 6552 of 2015 ------------------------------- CRIME NO. 54/2015 OF AMARAVILA EXCISE RANGE, THIRUVANANTHAPURAM. ........

PETITIONER/ACCUSED:

----------------------------------- JOHN THANKARAJ, S/O. CHELLAYYAN, AGED 56 YEARS, J.S BHAVAN, MANALIVILA, MARAYAMUTTOM DESOM, PERUMKADAVILA, NEYYATTINKARA TALUK.

BY ADV. SRI.G.SUDHEER RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.6552 of 2015 -------------------------------------------- Dated this the 21st day of October 2015

O R D E R

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

2. Petitioner is accused in Crime No.54 of 2015 of Amaravila Excise Range registered for the offence under Sec.55(g) of the Kerala Abkari Act. The prosecution case is that the petitioner was found to be in possession of 15 litres of wash.

3. Heard both sides.

4. This is the only case in which the petitioner is allegedly involved. He has been in custody since 03.09.2015. His further detention is not necessary for completion of the investigation.

In the result, the bail application is allowed.

1) The petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the

B.A. No.6552 of 2015 2 satisfaction of the learned Magistrate concerned.

2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Friday for three months or till the final report is filed, whichever is earlier.

3) The petitioner shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.

4) The petitioner shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

5) The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

6) The petitioner shall not intimidate or attempt to influence the witnesses.

B.A. No.6552 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 the law.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge