Pulikkiri Kelan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 Bail Appl..No. 7377 of 2015 () ------------------------------- CRIME NO. 81/2015 OF ALAKODE EXCISE RANGE OFFICE, KANNUR DISTRICT ------------------ PETITIONER/ACCUSED :

--------------------------------------- PULIKKIRI KELAN, S/O.KALLA CHERIYA AMBU, AGED 68 YEARS, PULIKKIRI HOUSE, KOOLAMBI,ALAKODE AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT :

------------------------------------------------ STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH THE EXCISE INSPECTOR, ALAKODE EXCISE RANGE OFFICE, KANNUR DISTRICT BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 27th 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.81 of 2015 of Alakode Excise Range registered for the offences punishable under Section 8(1) & (2) of the Abkari Act. 3.

Prosecution case is that on 11.10.2015 at about 03.00 p.m., the petitioner was found in possession of 10 litres of illicit arrack in contravention of the provisions of the Abkari Act. He was arrested from the spot. 4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner is in custody from 11.10.2015. 6.

Learned Public Prosecutor submitted that the petitioner is not involved in any other offence earlier. 7.

Considering the nature of allegations including the quantity of the contraband seized and the period of detention, 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 `50,000/- (Rupees fifty 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