Sasidharan Pillai v. The Excise Inspector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 Bail Appl..No. 7936 of 2015 ------------------------------------- CRIME NO. 329/2015 OF KOLLAM EXCISE RANGE OFFICE, KOLLAM --------------------- PETITIONER(S)/ACCUSED:
------------------------------------- SASIDHARAN PILLAI, AGED 55 YEARS, S/O.GOVINDA PILLAI, FROM KALLUVILAKIZHAKKATHILVEEDU, KANJIRACODE CHERRI, MULAVANA VILLAGE, KOLLAM, NOW RESIDING AT ROOM NO.3 KANAKAMMA HOUSE, NEAR CHINNUS JEWELLERY, ELAMPALLOOR VILLAGE, KUNDARA KOLLAM DISTRICT.
BY ADV. SRI.S.SHAJI RESPONDENT(S)/COMPLAINANT AND STATE:
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1. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM 691 001, KOLLAM DISTRICT.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031.
BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A.HARIPRASAD, J.
------------------------------------------------ B.A No.7936 of 2015 ------------------------------------------------ Dated this the 16th day of December, 2015.
O R D E R
Application for bail under Section 439 Cr.P.C. 2.
Petitioner is the accused in Crime No.329/2015 of Kollam Excise Range registered for an offence punishable under Section 55(i) of the Abkari Act.
3.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4.
Prosecution case, in short, is that on 3-12-2015, the petitioner was found in possession of 2.375 litres of Indian Made Foreign Liquor against the provisions of the Abkari Act. 5.
Learned counsel for the petitioner submitted that the petitioner is not involved in any offence earlier. The petitioner is in custody from 03-12-2015 onwards. Considering the nature of allegations, bail is granted to the petitioner with following strict
B.A No.7936 of 2015 2 conditions :
1. The petitioner shall be released on bail on 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.
2. 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.
3. The petitioner shall appear before the Investigating Officer on all Saturdays between 09.00 and 10.00 a.m until final report is filed.
4. The petitioner shall not indulge in any offence while on bail.
6. The petitioner 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 learned Magistrate is free to cancel bail without referring the matter to this Court.
Sd/- A.HARIPRASAD, JUDGE.
amk //True copy// P.A to Judge