Ashokan v. Excise Inspector

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. 6846 of 2015 () ------------------------------ CRIME NO. 49/2015 OF ANTHIKKAD EXCISE RANGE OFFICE, THRISSUR DISTRICT ------------------- PETITIONER/ACCUSED :

------------------------------------ ASHOKAN S/O. KUMARAN, 60 YEARS PANDARAM HOUSE, NEAR KHADERRMAIDANAM P.O.ANTHIKAD, THRISSUR.

BY ADVS.SRI.SHYAMDEEP S. SHENOY SRI.SUVIN R. MENON RESPONDENT/COMPLAINANT :

---------------------------------------------- EXCISE INSPECTOR EXCISE RANGE OFFICE, P.O.ANTHIKAD, THRISSUR REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KEALA.

BY PUBLIC PROSECUTOR SMT. REMA R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6846 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.49 of 2015 of Anthikkad Excise Range registered for the offence punishable under Sec.55(i) of the Kerala Abkari Act. Prosecution case in short is that, on 11.10.2015 at about 12.30 p.m., the petitioner was found in possession of 3 litres of Indian Made Foreign Liquor in contravention of the provisions of the Abkari Act.

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

4. Learned counsel for the petitioner submitted that the petitioner is not involved in any other offence earlier.

5. Learned Public Prosecutor has no case that the petitioner is a habitual liquor vendor.

Considering the stage of investigation and the

Bail Appl. No.6846 of 2015 2 quantity of the contraband involved, bail 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.

Bail Appl. No.6846 of 2015 3 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 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