Sathi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 Bail Appl..No. 7632 of 2015 --------------------------------------- CRIME NO. 71/2015 OF ANCHAL EXCISE RANGE OFFICE, KOLLAM ..........

PETITIONER(S)/ACCUSED:

------------------------------------- SATHI, AGED 52 YEARS, W/O.SIVANANDAN, SIVA VILASOM VEEDU, VELLIMALA DESOM, THINGALKARICKOM VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT.

BY ADV. SRI.SYAM J SAM RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7632 of 2015 -------------------------------------- Dated this the 14th day of December, 2015

ORDER

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

2.

Petitioner is the accused in Anchal Excise Range Crime No. 71 of 2015 registered for an offence punishable under Section 55(i) of the Abkari Act. She seeks bail.

3.

Allegation is that on 03.10.2015 at 6.00 p.m., the petitioner was found in possession of 600ml. of Indian Made Foreign Liquor without any authority and intended for sale.

4.

Heard both sides.

5.

Learned Prosecutor opposed the bail application. She contended that the petitioner is involved in four other crimes of similar nature.

Considering the nature of allegation, bail is granted to the petitioner with following conditions:

i.

Petitioner shall be released on bail on executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

BA No.7632/2015 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 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.

She 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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