Kerala High Court
Bail Appl./8929/2017 of CHELLAPPAN PILLAI 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. 8929 of 2017 () ------------------------------- CRIME NO. 116/2017 OF ANCHAL EXCISE RANGE, KOLLAM DISTRICT --------------------
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. 8929 of 2017 ()
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CRIME NO. 116/2017 OF ANCHAL EXCISE RANGE, KOLLAM DISTRICT-------------------- PETITIONER/ACCUSED:------------------------------------ CHELLAPPAN PILLAI, S/O NARAYANA PILLAI, AGED 66 YEARS, NEELAMMAL SREEKRISHNA VILASAM (H), KARAVADOOR DESHOM, PUNALOOR, KOLLAM (DIST).
BY ADVS.SRI.ANIL K.MOHAMMED SRI.V.S.MANSOOR SRI.AKHIL BINOY
RESPONDENT/COMPLAINANT:
--------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. K.K.SHEEBA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
R.NARAYANA PISHARADI, J===================
B.A. No.8929 of 2017
=======================Dated this the 29[th] day of December, 2017
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ORDER
This is an application for bail filed under Section439 Cr.P.C.
2. The petitioner is the accused in the case registered as Crime No.116/2017 of the Anchal ExciseRange under Section 55(i) of the Abkari Act. Theprosecution case is that on 09.12.2017, at about 18.50hours, the excise party found the petitioner engaged inthe sale of Indian Made Foreign Liquor at the placeKarumpanmukku. The excise party seized 800ml of liquorfrom the possession of the petitioner and also an amountof `140/- and arrested him.
3. Heard the learned counsel for the petitioner andthe learned Public Prosecutor.
4. The petitioner is in judicial custody from10.12.2017 onwards. The quantity of liquor seized from
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the possession of the petitioner is very small. Materialpart of the investigation should have been completed bythis time. Continued detention of the petitioner in jailappears to be not necessary to complete the investigationin an effective manner. Considering these aspects, I findthat bail can be granted to the petitioner on appropriateconditions.
5. In the result, the application is allowed asfollows. The petitioner shall be released on bail on thefollowing conditions.
In the result, the application is allowed as
1) The petitioner shall execute a bond for `25,000/- with two solvent sureties each for thelike amount to the satisfaction of the Magistrate'sCourt concerned.
2) The petitioner shall report before the Investigating Officer on all Mondays between9.a.m and 11.a.m for a period of two months afterbeing released on bail.
3) The petitioner shall make himself available forinterrogation as and when required by theInvestigating Officer in writing to do so.
4) The petitioner shall not influence or intimidatethe prosecution witnesses. He shall not make any attempt to tamper with the evidence in the case.5) The petitioner shall not commit any offenceunder the Abkari Act while he is on bail in thiscase.
6) If the petitioner violates any of the conditionsof bail, it is open to the Court having jurisdictionover the case to cancel his bail without anyfurther orders from this Court but in accordancewith law.
Sd/-
R.NARAYANA PISHARADI JUDGE