Shaju v. Te Sub Inspector Of Police, Varandarappilly

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 Bail Appl..No. 7676 of 2015 ------------------------------- CRIME NO. 882/2015 OF VARANDARAPPALLY POLICE STATION, THRISSUR DISTRICT. ............

PETITIONER/ACCUSED:

---------------------------------- SHAJU, AGED 45 YEARS, S/O.VAREETH, KALLARAKKAL HOUSE, KORANODI DESOM, VARANDARAPPILLY VILLAGE, THRISSURDISTRICT.

BY ADV. SRI.RAJESH CHAKYAT RESPONDENT/COMPLAINANT:

-------------------------------------------- THE SUB INSPECTOR OF POLICE, VARANDARAPPILLY, THRISSUR DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7676 of 2015 -------------------------------------------- Dated this the 8th day of December 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the accused in Crime No.882 of 2015 of Varandarappilly Police station registered for the offences punishable under Secs.55(a) and (i) of the Kerala Abkari Act. The prosecution allegation is that, on 24.11.2015 at about 21.30 hours, the petitioner was found in possession of 2.5 litres of Indian Made Foreign Liquor intended for the purpose of sale.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned Public Prosecutor submitted that the petitioner is not involved in any other offence earlier. Considering the stage of investigation and the fact that the petitioner is not involved in any other offence, bail is granted to him with the following conditions.

i. The petitioner shall be released on

Bail Appl. No.7676 of 2015 2 bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.

iv. The petitioner shall appear before the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m. until final report is filed.

v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall

Bail Appl. No.7676 of 2015 3 he tamper with the evidence.

vi. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/08/12/2015 P.A. To Judge