Kerala High Court
Bail Appl./8947/2017 of GOPALAKRISHNAN Vs THE 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. 8947 of 2017 () ------------------------------- CRIME NO. 236/2017 OF KAYAMKULAM EXCISE RANGE OFFICE, ALAPPUZHA DISTRICT ---------------
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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. 8947 of 2017 ()
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CRIME NO. 236/2017 OF KAYAMKULAM EXCISE RANGE OFFICE, ALAPPUZHA DISTRICT
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PETITIONER/ACCUSED :
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GOPALAKRISHNAN, AGED 54 YEARS, S/O.VELU, PARVATHY BHAVANAM, MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT.
BY ADV. SMT.S.L.SYLAJA
RESPONDENT/COMPLAINANT :
------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
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:
R.NARAYANA PISHARADI, J
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B.A. No.8947 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.236/2017 of Kayamkulam ExciseRange under Section 55(i) of the Abkari Act. Theprosecution case is that on 13.12.2017, at about 19.30hours, the excise party concerned found the petitionerselling Indian Made Foreign Liquor at the placeChoolatheruvu Junction in Muthukulam village. Theexcise party seized 800ml of liquor from the possession ofthe petitioner and arrested him.
3. the learned Public Prosecutor.
Heard the learned counsel for the petitioner and
4. The petitioner is in judicial custody from14.12.2017 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 intimidate the prosecution witnesses. He shall not make anyattempt 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