Sunil 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. 6687 of 2015 ------------------------------- CRIME NO. 871/2015 OF VADAKKEKAD POLICE STATION, THRISSUR DISTRICT. .......

PETITIONER/ACCUSED:

---------------------------------- SUNIL, AGED 41 YEARS, S/O.PUTHIYEDATH GOVINDAN, PUNNAYUR VILLAGE, MANNALAMKUNNU DESOM, THRISSUR DISTRICT.

BY ADVS.SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH RESPONDENT/STATE:

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

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:

mbr/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6687 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.871 of 2015 of Vadakkekad Police station registered for the offence punishable under Sec.55(i) of the Kerala Abkari Act. Prosecution case is that on 24.09.2015 at about 9.30 p.m., the petitioner was found in possession of 2.5 litres of Indian Made Foreign Liquor which, according to the prosecution he had kept for sale.

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

4. Learned counsel for the petitioner submitted that the petitioner remains in custody from 24.09.2015 and he may be released on bail.

5. The prosecution has no case that the petitioner is involved in any other offence earlier. Considering the nature of allegations and the fact that investigation had advanced to a considerable extent, bail

Bail Appl. No.6687 of 2015 2 is granted to the petitioner with the following conditions. 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

Bail Appl. No.6687 of 2015 3 attempt to influence the witnesses, nor shall 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