Sreekumar @ Swithar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937 Bail Appl..No. 7181 of 2015 () ------------------------------- CRIME NO. 1767/2015 OF EAST KALLADA POLICE STATION, KOLLAM DISTRICT ---------------- PETITIONER/SOLE ACCUSED :

------------------------------------------ SREEKUMAR @ SWITHAR, AGED 32 YEARS, S/O. SREEDHARAN, RESIDING AT GOVIND VILASOM VEETIL, KODUVILA MURI, SINKARAPPALLY, EAST KALLADA VILLAGE, KOLLAM DISTRICT.

BY ADV. SRI.S.SREEKUMAR (KOLLAM) RESPONDENT/STATE :

------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.7181 of 2015 -------------------------------------- Dated this the 30th day of November, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Petitioner seeks bail in Crime No.1767 of 2015 of East Kallada Police Station registered under Section 55(g) of the Abkari Act. 3.

Allegation is that on 20.10.2015 at 12.45 hours, he was found in possession of 20 litres of wash and utensils and accessories meant for distillation. He is in custody from 30.10.2015 onwards. 4.

Heard both sides.

Considering the stage of investigation and the fact that petitioner is not involved in any other case, bail is granted to him with following conditions:

i.

Petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction. ii.

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

BA No.7181/2015 the sureties are solvent or not.

iii.

Petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.

iv.

Petitioner shall not indulge in any offence while on bail. v.

He shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the lower court concerned is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

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