A.R.Kumaran v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 Bail Appl..No. 6643 of 2015 ----------------------------------------- CRIME NO. 66/2015 OF KALPETTA EXCISE RANGE, WAYANAD DISTRICT ------------------ PETITIONER(S)/ACCUSED 1 & 2 :

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1. A.R.KUMARAN, AGED 54 YEARS, S/O.RAMAN, ACHILAMKUNNU HOUSE, MADAKUNNU P.O., KOTTATHARA VILLAGE, VYTHIRY, WAYANAD DISTRICT.

2. VINU V.K., AGED 32 YEARS, S/O.KUMARAN, VALADIYIL HOUSE, VAZHAVATTA BHAGOM, MUTTIL SOUTH VILLAGE, VYTHIRI, WAYANAD DISTRICT. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT(S)/STATE :

---------------------------------------- STATE OF KERALA, (CRIME NO. 66/15 OF KALPETTA EXCISE RANGE), 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 06-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6643 of 2015 -------------------------------------------- Dated this the 6th day of November 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioners are accused nos.1 and 2 in C.R. No.66 of 2015 of Kalpetta Excise Range registered for the offences punishable under Secs.57(a) and 56(b) of the Kerala Abkari Act. The prosecution allegation is that on an examination it was found that the sample of toddy stored in the shop run by the 1st petitioner was adulterated with starch.

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

4. Considering the nature of allegations, I am of the view that pre arrest bail can be granted to the petitioners with the following conditions.

1. The petitioners shall surrender before the investigating officer within a period of one week and submit themselves for interrogation.

2. In the event of arrest, the petitioners shall be released on their executing a bond for

Bail Appl. No.6643 of 2015 2 Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer.

3. The petitioners shall appear before the Investigating Officer as and when directed for interrogation.

4. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.

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/06/11/2015 P.A. To Judge