Full Judgment
PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEIN THE HIGH COURT OF KERALA AT ERNAKULAM DNESDAY, THE 16TH DAY OF JANUARY 2013 26TH POUSHA 193 Bail Appl..No. 186 of 2013 () ---------------------------------------- CRIME NO. 1/2013 OF SREEKANDAPURAM EXCISE RANGE OFFICE , KANNUR PETITONER(S): -------------------- KURIAN K.T @ KUTTAI AGED 60 S/O. THIMMAN,KAITHAKKANIRAPPEL HOUSE ALEX NAGAR,SREEKANTAPURAM AMSOM,CHERIKODE DESOM KANNUR ”
631. BY ADV. SRI.MANU ROY RESPO NDENTSS): ------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA.
2. THE EXCISE INSPECTOR SREEKANDAPURAM EXCISE RAGE,KANNUR. BY PUBLIC PROSECUTOR SMT.SHEEBA M.T. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J.
--------------------------------------------- B.A. No.186 of 2013 --------------------------------------------- Dated this the 16th day of January, 2013 ORDER The petitioner is the accused in Crime No.1/2013 of Sreekandapuram Excise Range, who was caught red handed with 10 litres of arrack and was booked for the offences punishable under Section 8(1) & (2) of the Abkari Act. He was remanded to custody on 4.1.2013.
2. The petitioner would say that he is innocent and has been falsely implicated. At any rate, according to the petitioner, his continued custody is unnecessary. He, therefore, seeks bail.
3. Learned Public Prosecutor only pointed out that the investigation is not yet complete.
4. Learned counsel for the petitioner pointed out that the marriage of the son of the petitioner is scheduled to take place soon and that may be kindly taken note of while considering the bail application.
5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the records, it is felt that since the petitioner has been in custody from 4.1.2013 onwards, a good part of investigation B.A.No.186/2013 :2: must have been completed by this time and as no apprehension has been expressed by the investigating agency that if released on bail the petitioner is likely abscond, there is no need to keep him under further custody. The petition is, therefore, allowed as follows: (a)The petitioner shall be released on bail on his executing a bond for Rs.15,000/- (Rupees Fifteen thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM, Taliparamba. (b)The learned Magistrate may ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. (c)The petitioner shall appear before the Investigating Officer on every Wednesday between 9 a.m. and 10 a.m. till final report is filed. (d)The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. (e)If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned, of being satisfied of the said fact, may take such proceedings as are available to him in law. P.BHAVADASAN, Judge. okb.