Biju 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. 7501 of 2015 () ------------------------------- CRIME NO. 56/2015 OF ANTHIKKAD EXCISE RANGE, THRISSUR DISTRICT --------------- APPLICANT/ACCUSED:
------------------------------------- BIJU, AGED 41 YEARS,S/O.OUSEPH, AKKARAPATTIKKAL HOUSE, ADAT VILLAGE, PURANATTUKARA, THRISSUR.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/COMPLAINANT:
------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 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:
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A.HARIPRASAD, J.
-------------------------------------- B.A. No.7501 of 2015 -------------------------------------- Dated this the 27th day of November, 2015
ORDER
Application for bail under Section 439 of the Code of Criminal Procedure.
2.
Accused in Crime No.56 of 2015 of Anthikkad Excise Range registered for an offence punishable under Section 55(i) of the Abkari Act seeks bail.
3.
Allegation is that on 01.11.2015 at 12.00 p.m. the petitioner was found in possession of 350 ml. of Indian Made Foreign Liquor intended for sale.
4.
Heard both sides.
5.
Learned counsel for the petitioner submitted that the petitioner is not involved in any other offence. He is in custody from 01.11.2015 onwards.
Considering the stage of investigation and the quantity of liquor involved, bail is granted to the petitioner 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.
BA No.7501/2015 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 the sureties are solvent or not.
iii.
Petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 and 11.00 a.m until final report is filed. iv.
He 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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