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High Court of KeralaBail Appl./7897/2015allowed

Janardhanan v. State Of Kerala

2015-12-15Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 Bail Appl..No. 7897 of 2015 -------------------------------------- CR. NO. 146/2015 OF POOYAPPALLY POLICE STATION, KOLLAM ........

PETITIONER(S)/ACCUSED:

-------------------------------------- JANARDHANAN, AGED 49 YEARS, S/O.SHANMUKHAN, KULATHUMKAROTTU VEEDU, PAINUMMOODU DESOM, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.

BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S)/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7897 of 2015 -------------------------------------- Dated this the 15th day of December, 2015

ORDER

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

2.

Petitioner is the accused in Crime No.146 of 2015 of Kottarakkara Excise Range registered for an offence punishable under Section 55(i) of the Abkari Act seeks bail.

3.

Prosecution case is that on 02.12.2015 at 12.30 p.m., petitioner was found in possession of 3.800 litres of Indian Made Foreign Liquor without any authority.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner is not involved in any case so far. Petitioner is in custody from 02.12.2015 onwards.

Considering the quantity of liquor and duration in custody, 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 thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

BA No.7897/2015 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.

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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