Kerala High Court
Bail Appl./7947/2007 of OMANAKUTTAN Vs STATE OF KERALA on 24 December 2007
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 Bail Appl..No. 7947 of 2007(O) -------------------------------------------- (CRIME NO.104/07 OF KARTHIKAPPALLY EXCISE RANGE) PETITIONER/ACCUSED:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929
Bail Appl..No. 7947 of 2007(O)
-------------------------------------------- (CRIME NO.104/07 OF KARTHIKAPPALLY EXCISE RANGE)
PETITIONER/ACCUSED:
-----------------------------------
OMANAKUTTAN, S/O.KARUTHA KUTTY,
MANNAMANNATHU VEEDU, KARICHAL MURI,
VEEYAPURAM VILLAGE, KARTHIKAPPALLY TALUK.
BY ADV. SRI.S.SHANAVAS KHAN
RESPONDENT: COMPLAINANT:
---------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 24/12/2007,THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
V. K.MOHANAN, J.
----------------------------------------- Bail Application No.7947 of 2007
------------------------------------------- Dated this the 24[th] day of December, 2007
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O R D E R
In this Petition filed under Sec. 439 Cr.P.C. the petitionerwho is the accused in crime No.104/07 of Karthikappally ExciseRange for offences punishable under Secs.8 (1)(2), 55(g) and 12(1) of the Abkari Act for having been found in possession of 270litres of wash and one litre arrack, seeks his enlargement on bail.Petitioner was arrested on 17.11.2007.
2. I heard the learned counsel for the petitioner and thelearned Public Prosecutor.
3. Having regard to the nature of the offences, the duration of judicial custody of the petitioner and the othercircumstances of the case etc., I am inclined to grant bail to thepetitioner. Accordingly, the petitioner is directed to be releasedon bail on his executing a bond for Rs.25,000/- (Rupees TwentyFive Thousand only) with two solvent sureties each for the likeamount to the satisfaction of the J.F.C.M.-I, Haripad, and subjectto the following conditions:
Bail A.No.7947 of 2007
-:2:-
1. Petitioner shall report before the InvestigatingOfficer between 9 a.m. and 11 a.m. on allWednesdays.
2. The petitioner shall make himself available forinterrogation as and when required by the police tillthe filing of the final report.
3. The petitioner shall not influence or intimidate theprosecution witnesses nor shall he attempt to tamperwith the evidence for the prosecution.
4. The petitioner shall not commit any offencewhile on bail.
If the petitioner commits breach of any of the aboveconditions, the bail granted to him shall be liable to be cancelled.
This application is allowed as above.
V.K.MOHANAN, JUDGE.