Bail Appl./8703/2013 of SASIDHARAN Vs STATE OF KERALA on 27 December 2013

ORDER

This petition is filed under Section 439 of the Code ofCriminal Procedure for bail.

2. Heard the learned counsel appearing for thepetitioner and the learned Public Prosecutor appearing for therespondent. C.D. produced.

3. The petitioner is the accused in crime No.124 of2013 of the Excise Range Office, Mavelikkara. The offencealleged is under Section 8(2) of the Abkari Act. The allegationis that the petitioner was found in possession of 10 litres ofarrack, on 3-11-2013. He was arrested on that day itself andproduced before the court. He was remanded to judicialcustody. He continues to be in custody.

4. Learned counsel for the petitioner submits that thepetitioner is innocent of the allegations raised against him.He has no criminal antecedents. Investigation of the case isalmost over. Custodial interrogation of the petitioner was alsoover. He further submits that the continued custody of the petitioner is not required for completing investigation.

5. The Case Diary shows that the investigation of thecase is almost over. Learned Public Prosecutor submits that nocriminal antecedents have been reported against thepetitioner. In view of these facts and the period the petitionerhas already spent in jail, the learned Public Prosecutor has noobjection in releasing the petitioner on bail imposingappropriate conditions. In the light of the facts weighed withthe learned Public Prosecutor, this Court is also of the viewthat the petitioner can be granted bail imposing appropriateconditions. Therefore, the petitioner is granted bail subject tothe following conditions:

1) The petitioner shall be released onbail on his executing a bond for Rs.25,000/-(Rupees Twenty Five Thousand only) with twosolvent sureties each for the like sum to thesatisfaction of the concerned Magistrate'sCourt.

2) The petitioner shall report before theInvestigating Officer between 9 a.m. and 11a.m. on all Fridays for a period of two months.a.m. on all Fridays for a period of two months.

3) The petitioner shall not directly orindirectly make any inducement, threat orpromise to any person acquainted with the facts of the case so as to dissuade him or her fromdisclosing such facts to the Court or to anyPolice Officer.

4) The petitioner shall make himselfavailable for interrogation as and whenrequired by the Investigating Officer.required by the Investigating Officer.

5) The Petitioner shall not influence orintimidate the prosecution witnesses nor shallhe attempt to tamper with the evidence for theprosecution.he attempt to tamper with the evidence for theprosecution.

6) The petitioner shall not commit anysimilar offence while on bail.

7) The petitioner shall not leave Indiawithout the previous permission of theconcerned Magistrate's Court/Sessions Court.concerned Magistrate's Court/Sessions Court.

This application is allowed as above.

Sd/-

(BABU MATHEW P. JOSEPH, JUDGE)