Unnikrishnan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 Bail Appl..No. 7083 of 2015 () ------------------------------- CR. NO. 59/2015 OF CHERPU EXCISE RANGE, THRISSUR DISTRICT. ........

PETITIONER/ACCUSED:

----------------------------------- UNNIKRISHNAN, SON OF SUBRAMANYAN, AGED 49 YEARS, CHAZHUPURAKKAL HOUSE, PAZHUVIL P.O., THRISSUR DISTRICT - 680 564.

BY ADVS.SRI.E.VIJIN KARTHIK, SRI.P.V.JEEVESH.

RESPONDENT/STATE:

--------------------------------- STATE OF KERALA, (C.R. NO.59/2015 OF CHERPU EXCISE RANGE), REPRESENTED BY THE 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 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 13th day of November, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.59 of 2015 of Cherpu Excise Range registered for the offence punishable under Section 55 (i) of the Abkari Act. 3.

Prosecution case is that on 01.11.2015 at about 02.00 p.m., the petitioner tried to sell 500ml of Indian Made Foreign Liquor against the provisions of the Abkari Act.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner is not involved in any other crime earlier. He is in custody from 01.11.2015 onwards. 6.

Considering the nature of the allegations and the stage of investigation, I am inclined to grant bail to the petitioner with the following conditions: (a) The petitioner shall be released on bail on

his executing a bond for `25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties for the like sum to the satisfaction of the learned magistrate having jurisdiction.

(b) The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

(c) The petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 a.m and 11.00 a.m. until the final report is filed.

(d) The petitioner shall not intimidate or attempt to influence the witnesses.

(e) The petitioner shall not in any manner interfere or meddle with the investigation.

(f) The petitioner shall not, during the period

of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge