Sineesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937Q Bail Appl..No. 6583 of 2015 ------------------------------- CRIME NO. 40/2015 OF KOLAZHI EXCISE RANGE, THRISSUR DISTRICT. ..........

PETITIONER(S)/ACCUSED NO.1&2:

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1. SINEESH, AGED 34 YEARS,S/O.MADHAVAN, AMBADATHUVALAPPIL HOUSE, PERAMANGALAM VILLAGE, VADAKKUMURI DESOM, THRISSUR TALUK.

2. SUBHASH, AGED 38 YEARS, S/O.CHANDRAN, EDATHARA HOUSE, PERAMANGALAM VILLAGE, VADAKKUMURI DESOM, THRISSUR TALUK.

BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6583 of 2015 -------------------------------------- Dated this the 26th day of October, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Petitioners are accused 1 and 2 in Crime No.40 of 2015 of Kolazhy Excise Range involving an offence punishable under Section 55(i) of the Abkari Act. They were arrested on 19.09.2015 at about 7.30 p.m. for allegedly finding in possession of 3.575 litres of Indian Made Foreign Liquor which was intended for sale.

3.

Heard both sides.

4.

Learned counsel submitted that the petitioners are not involved in any offence of a similar nature.

Considering the number of days in custody and the stage of investigation, bail can be granted to the petitioners with the following conditions:

i.

Petitioners shall be released on bail on each one of them executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned

BA No.6583/2015 Magistrate having jurisdiction.

ii.

The sureties shall produce documents to establish their identity and solvency.

iii.

The petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.

iv.

The petitioners shall not indulge in any offence while on bail.

v.

The petitioners shall not influence or intimidate the witnesses or meddle with the investigation in any manner. If any of the above conditions is breached by the petitioners, the lower court concerned is free to cancel bail without referring the matter to this Court.

Sd/- A. HARIPRASAD, JUDGE.

//True copy// P.S to Judge cks