Kerala High Court
Bail Appl./8764/2013 of RAGHAVAN Vs STATE OF KERALA on 27 December 2013
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 27TH DAY OF DECEMBER 2013/6TH POUSHA, 1935 Bail Appl..No. 8764 of 2013 () ------------------------------- CRIME NO. 97/2013 OF KAYAMKULAM EXCISE RANGE OFFICE, ALAPPUZHA ------ PETITIONER/ACCUSED :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 27TH DAY OF DECEMBER 2013/6TH POUSHA, 1935
Bail Appl..No. 8764 of 2013 ()
-------------------------------CRIME NO. 97/2013 OF KAYAMKULAM EXCISE RANGE OFFICE, ALAPPUZHA ------ PETITIONER/ACCUSED :
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RAGHAVAN, AGED 69 YEARS, S/O. KRISHNAN, SURESH BHAVANAM, PATHIYOOR KIZHAKKU MURI, PATHIYOOR VILLAGE, KARTHIKAPPALLY.
BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT/RESPONDENT:
---------------------
STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE EXCISE INSPECTOR, KAYAMKULAM. BY PUBLIC PROSECUTOR SRI.N.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
BABU MATHEW P. JOSEPH, J.
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Bail Appl. No. 8764 of 2013
-------------------------------------------- Dated this the 27[th] day of December, 2013
O R D E R
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.
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3. The petitioner is the accused in Crime No.97 of 2013of the Excise Range office, Kayamkulam. The offence allegedis under Section 58 of the Abkari Act. The allegation is that thepetitioner was found in possession of 11 bottles containing180 ml each of Indian made foreign liquor on 21.11.2013. Hewas arrested then and there and produced before the court. Hewas remanded to judicial custody. He continues to be incustody. Learned counsel for the petitioner submits that thepetitioner is innocent of the allegations raised against him. Theinvestigation of the case is almost over. He further submitsthat the continued custody of the petitioner is not required forcompleting the investigation.
4. The Case Diary shows that the investigation of thecase is almost over. In view of this fact and the period the Bail Appl. No. 8764 of 2013 2
petitioner has already spent in jail, the learned PublicProsecutor has no objection in granting bail to the petitionerimposing appropriate conditions. In the light of the factsweighed with the learned Public Prosecutor, this Court is also ofthe view that the petitioner can be granted bail imposingappropriate conditions. Therefore, the petitioner is granted bailsubject to the following conditions:
1) The petitioner shall be released on bail on hisexecuting a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) with two solvent sureties each for the likesum to the satisfaction of the concerned Magistrate'sCourt.
2) The petitioner shall report before theInvestigating Officer between 9 a.m. and 11 a.m. on allFridays for a period of two months.
3) The petitioner shall not directly or indirectlymake any inducement, threat or promise to any personacquainted with the facts of the case so as to dissuadehim or her from disclosing such facts to the Court or toany Police Officer.
4) The petitioner shall make himself available forinterrogation as and when required by the Investigating Bail Appl. No. 8764 of 2013 3
Officer.
5) The petitioner shall not influence or intimidatethe prosecution witnesses nor shall he attempt to tamperwith the evidence for the prosecution.
6) The petitioner shall not commit any similaroffence while on bail.
7) The petitioner shall not leave India without the previous permission of the concerned Magistrate'sCourt/Sessions Court.
This application is allowed as above.
NS
Sd/- JUDGE.
BABU MATHEW P. JOSEPH,
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