Sasidharan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 27TH DAY OF DECEMBER 2013/6TH POUSHA, 1935 Bail Appl..No. 8703 of 2013 () ------------------------------- AGAINST THE ORDER IN CRMP 5730/2013 of SESSIONS COURT, ALAPPUZHA DATED 17-12-2013 CRIME NO. 124/2013 OF MAVELIKKARA EXCISE RANGE OFFICE , ALAPPUZHA ------------------------------------------------------------ PETITIONER/ACCUSED:

------------------------------------ SASIDHARAN, AGED 47 YEARS S/O.GANGADHARAN, KIDANGILKIZHAKKATHIL PUTHENCHANTHAMURI, VALLIKKUNNAM.

BY ADVS.SRI.K.SHAJ SRI.R.ARUN (KAYAMKULAM) RESPONDENTS/STATE:

------------------------------------------

1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-31.

2. EXCISE INSPECTOR, MAVELIKKARA EXCISE RANGE, MAVELIKKARA ALAPPUZHA DISTRICT-681 009.

BY PUBLIC PROSECUTOR SRI.N.RENJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jm/

BABU MATHEW P. JOSEPH, J.

-------------------------------------------------- B.A.No.8703 of 2013 ---------------------------------------------- Dated this the 27th day of December, 2013

ORDER

This petition is filed under Section 439 of the Code of Criminal Procedure for bail.

2.

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent. C.D. produced.

3.

The petitioner is the accused in crime No.124 of 2013 of the Excise Range Office, Mavelikkara. The offence alleged is under Section 8(2) of the Abkari Act. The allegation is that the petitioner was found in possession of 10 litres of arrack, on 3-11-2013. He was arrested on that day itself and produced before the court. He was remanded to judicial custody. He continues to be in custody.

4.

Learned counsel for the petitioner submits that the petitioner is innocent of the allegations raised against him. He has no criminal antecedents. Investigation of the case is almost over. Custodial interrogation of the petitioner was also over. He further submits that the continued custody of the

B.A.No.8703/13 petitioner is not required for completing investigation. 5.

The Case Diary shows that the investigation of the case is almost over. Learned Public Prosecutor submits that no criminal antecedents have been reported against the petitioner. In view of these facts and the period the petitioner has already spent in jail, the learned Public Prosecutor has no objection in releasing the petitioner on bail imposing appropriate conditions. In the light of the facts weighed with the learned Public Prosecutor, this Court is also of the view that the petitioner can be granted bail imposing appropriate conditions. Therefore, the petitioner is granted bail subject to the following conditions:

1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum to the satisfaction of the concerned Magistrate's Court.

2) The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Fridays for a period of two months. 3) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts

B.A.No.8703/13 of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer.

4) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

5) The Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

6) The petitioner shall not commit any similar offence while on bail.

7) The petitioner shall not leave India without the previous permission of the concerned Magistrate's Court/Sessions Court.

This application is allowed as above.

Sd/- (BABU MATHEW P. JOSEPH, JUDGE) DG