Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 5TH DAY OF AUGUST 2013 14TH SRAVANA, 1935 Bail Appl..No. 5419 of 2013 () ----------------------------------------------- CRIME NO. (C.R.No.) 44/2013 OF KONNY EXCISE RANGE , PATHANAMTITTA PETITIONER/ACCUSED NO.2: ------------------------------------------- SHAJI, AGED 4 YEARS, S/O.JOSE, MANGALATHU VEEDU, PARAKKARA MALABHANGATHU VALLIKODE, ANGADIVAYALDESATHU, KOTTAYAM DISTRICT. BY ADVS.SRI.C.C.THOMAS (SR.) SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R BY PUBLIC PROSECUTOR, SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No. 5419 of 2013 ----------------------------------- Dated this the 5th day of August, 2013 ORDER Petitioner is the accused in a crime involving Abkari offence, registered as C.R.No.44/2013 of Excise Range, Konni. Investigation of that crime is still in progress. He has moved the above application seeking his release on bail under Section 439 of the Code of Criminal Procedure, for short "the Code".
2. Previous application moved by petitioner had been turned down by me by Annexure - F order dated 22.07.2013, in which facts and circumstances involved in the crime are stated in detail and as such, it need not be repeated for disposal of the present petition. Learned counsel for petitioner pointing out the period of detention suffered by petitioner ever since his formal arrest recorded in the crime on 20.06.2013, seeks his release on bail subject to conditions as deemed fit and proper by this Court. Petitioner in the present crime, registered by excise officials, is proceeded only for the offence punishable under Section 55(a) of the Abkari Act, is the further submission of counsel to urge for his release on bail. After hearing public prosecutor also and taking note of the facts and circumstances presented, particularly the period of incarceration already suffered by B.A.No. 5419 o”
2. petitioner, I find, he can be released on bail at this stage subject to satisfaction of following conditions.
1. Petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum by each of them to the satisfaction of the Judicial First Class Magistrate - II, Pathanamthitta.
2. Petitioner shall report before the investigating officer, once in a week on every Monday, at a time between 10:00 a.m. and 11:00 a.m, for a period of six weeks or till completion of investigation of the crime whichever is earlier.
3. Petitioner shall not leave the State for a period of six months or till completion of investigation of the crime, whichever is earlier, without getting prior permission from the investigating officer in writing. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE DG