Kerala High Court
Bail Appl./8922/2017 of UNNIKRISHNAN @ SAJU Vs STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 Bail Appl..No. 8922 of 2017 () ------------------------------- CRIME NO.184/2017 OF ALOOR POLICE STATION, THRISSUR. ------------------
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
Bail Appl..No. 8922 of 2017 ()
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CRIME NO.184/2017 OF ALOOR POLICE STATION, THRISSUR.
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PETITIONER(S)/ACCUSED:
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UNNIKRISHNAN @ SAJU,
AGED 47, S/O. CHANDRAN, CHALIPPARAMBIL HOUSE, NEAR AYYAPPANKAVU, THUMBOOR.
BY ADVS.SRI.C.P.UDAYABHANU
SMT.S.THENRAJAM
RESPONDENT(S)/COMPLAINANT :
-------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, (CRIME NO. 184/17)ALOOR POLICE STATION , REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.B.SREEJA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 29-12-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
TS
R. NARAYANA PISHARADI, J
-------------------------------------------- B.A No.8922 of 2017
--------------------------------------------- Dated this the 29[th] day of December, 2017
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ORDER
This application for bail is filed under Section 439 of theCode of Criminal Procedure.
2. The petitioner herein is the accused in the caseregistered as Crime No.184 of 2017 of Aloor Police Station,under Sections 8(1) read with 8(2) and 55(g) of the Abkari Act.
3. The prosecution case is that on 18.11.2017, at about20.15 hrs, the Excise party concerned found the petitionerdistilling arrack at his house in Veloorkara Panchayath. TheExcise party also found that he had stored wash, utensils andother materials for distilling arrack. The Excise party seized3.500 liters of arrack from the possession of the petitioner andarrested him.
4. Heard the learned counsel for the petitioner and thelearned Public Prosecutor.
5. The petitioner is in judicial custody from 18.11.2017onwards. Material part of the investigation of the case shouldhave been completed by this time. At any rate, continueddetention of the petitioner in jail appears to be not necessary to B.A No.8922 of 2017
complete the investigation in an effective manner. Consideringthese aspects, I find that bail can be granted to the petitioneron appropriate conditions.
In the result, the petition is allowed as follows. Thepetitioner shall be released on bail on the following conditions.
1) The petitioner shall execute a bond for Rs.25,000/-with two solvent sureties each for the like amount to thesatisfaction of the Magistrate's Court concerned.
2) The petitioner shall report before the InvestigatingOfficer on all Mondays and Thursdays between 9.a.m and11.a.m for a period of two months after being released on bail.
3) The petitioner shall make himself available forinterrogation as and when required by the Investigating Officerin writing to do so.
4) The petitioner shall not influence or intimidate theprosecution witnesses. He shall not make any attempt totamper with the evidence in the case.
5) The petitioner shall not commit any offence under theAbkari Act while he is on bail in this case.
6) If the petitioner violates any of the conditions of bail, itis open to the Jurisdictional Court concerned to cancel his bailwithout any further orders from this court but in accordancewith law.
Sd/-
R. NARAYANA PISHARADI,
JUDGE
//TRUE COPY//
P.A. TO JUDGE
AD