Kerala High Court
Bail Appl./7947/2008 of SURESH Vs STATE OF KERALA on 30 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 Bail Appl..No. 7947 of 2008() ----------------------------- CRMP.3738/2008 of I ADDL. DISTRICT COURT, KOLLAM .................... (CRIME NO. 217/2008 OF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930
Bail Appl..No. 7947 of 2008()
-----------------------------
CRMP.3738/2008 of I ADDL. DISTRICT COURT, KOLLAM
....................
(CRIME NO. 217/2008 OF KARUNAGAPPALLY EXCISE RANGE)
PETITIONER: ACCUSED
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SURESH, S/O. SUKUMARAN,
THAIPPARAMPIL VEETTIL, AZHEEKKAL MURI,
ALAPPAD VILLAGE, KARUNAGAPPALLY,
KOLLAM DISTRICT.
BY ADVS. SRI.B.MOHANLAL
SRI.SAIJU S.
RESPONDENT: RESPONDENT
-------------------------
STATE OF KERALA, REPRESENTED BY THE
EXCISE RANGE INSPECTOR, KARUNAGAPPALLY EXCISE
RANGE, KOLLAM DISTRICT THROUGH THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
GOVERNMENT PLEADER SRI. KAMAPPU C.S.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD
ON 30/12/2008, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
V. K.MOHANAN, J.
----------------------------------------- Bail Application NO. 7947 of 2008 ----------------------------------------- Dated this the 30[th] day of December, 2008
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O R D E R
In this Petition filed under Sec. 439 Cr.P.C. thepetitioner who is the sole accused in C.R. No. 217 of2008 of Kaarunagappally Excise Range for offencepunishable under Section 55 (1) of the Abkari Act forhaving been found in possession of 600 ml litres ofIndian made foreign liquor, seeks his enlargement onbail. Petitioner was arrested on 04.12.08.
2. I heard the learned counsel for thepetitioner and the learned Public Prosecutor.
3. Having regard to the nature of the offences,the duration of judicial custody of the petitioner andthe other circumstances of the case etc., I am inclinedto grant bail to the petitioner. Accordingly, thepetitioner is directed to be released on bail on hisexecuting a bond for Rs. 25,000/- (Rupees Twenty fivethousand only) with two solvent sureties each for the -:2:- like amount to the satisfaction of the Judicial First Class Magistrate, Karunagappally, and subject to thefollowing conditions:
1. Petitioner shall report before theInvestigating Officer between 9 a.m.and 11 a.m. on all Wednesdays.
2. The petitioner shall make himselfavailable for interrogation as andwhen required by the police till thefiling of the final report.
3. The petitioner shall not influenceor intimidate the prosecutionwitnesses nor shall he attempt totamper with the evidence for theprosecution.
4. The petitioner shall not commitany offence while on bail.
If the petitioner commits breach of any of theabove conditions, the bail granted to him shall beliable to be cancelled.
This application is allowed as above.
V.K.MOHANAN,
JUDGE