Surendran v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 Bail Appl..No. 6820 of 2015 () ------------------------------- CRIME NO. 76/2015 OF NEYYATTINKARA EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT.

.......

PETITIONER/ACCUSED:

---------------------------------- SURENDRAN, S/O.RAJAPPAN, AGED 35 YEARS, VADAKKE THYTHOTTAM COLONY, THOZHUKKAL DESOM, PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA TALUK.

BY ADV. SRI.R.GOPAN.

RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.R. REMA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-112015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6820 of 2015 -------------------------------------------- Dated this the 2nd day of November 2015

O R D E R

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

2. Petitioner is the accused in Crime No.76 of 2015 of Neyyantinkara Excise Range registered for the offence punishable under Sec.8(1) and (2) of the Kerala Abkari Act. Prosecution case in short is that, on 09.10.2015 at about 11.30 a.m., the petitioner was found in possession of 400 m.l. of coloured arrack intended for sale. The petitioner was arrested on 09.10.2015.

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

4. Learned Public Prosecutor submitted that the the petitioner is not involved in any other case. Considering the quantity of the contraband involved and the period of detention of the petitioner, bail is granted to him with the following conditions. i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/-

Bail Appl. No.6820 of 2015 2 (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 he tamper with the evidence.

vi. The petitioner shall not involve in any

Bail Appl. No.6820 of 2015 3 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/02/11/2015 P.A. To Judge