Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 4TH DAY OF JANUARY 2013 14TH POUSHA 193 Bail Appl..No. 9979 of 2012 () ---------------------------------------- CRRIME NO.199/2012 OF KOLLAM EXCISE RANGE, KOLLAM DISTRICT. ........... PETITIONER(S)/ACCUSED: --------------------------------------- RAJU, S/O.BHASKARAN, AGED 4 YEARS ULAPOOR PADINJATTATHIL VEETTIL KANNIMEL CHERRY SAKTHIKULANGARA, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S):STATE ----------------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR THROUGH THE EXCISE INSPECTOR, KOLLAM. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - B.A. No. 9979 of 2012 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January, 2013. ORDER The petitioner was apprehended with 4 = litres of toddy and was booked for the offence punishable under Section 55(i) of the Abkari Act. He has been in custody from 18.12.2012 onwards. According to the petitioner his continued custody is unnecessary.
2. Learned Public Prosecutor opposed the application. The claim of the petitioner that he is innocent cannot be countenanced. The fact remains that the petitioner has been in custody from 18.12.2012.
3. Considering the allegations against the petitioner, the nature and quantity of the contraband seized, the fact that a good part of the investigation must have been completed by now and since no apprehension is expressed by the prosecution that the petitioner is likely to B.A.9979/2012. 2 abscond if released on bail, it is felt that his continued custody appears to be unnecessary. Therefore, this application is allowed on the following conditions: i) Petitioner shall be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like sum each to the satisfaction of JFCM-II, Kollam. ii) The learned Magistrate may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time of executing the bond. iii) Petitioner shall report before the Investigating Officer as and when required by him. iv) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. B.A.9979/2012. 3 v) If any of the condition is violated, bail granted to the petitioner shall stand cancelled, and the JFCM concerned may take such proceeding as are available to him in law. P. BHAVADASAN, JUDGE sb.