Subeesh @ Kannan vs State Of Kerala Represented on 29 July, 2011

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Kerala High Court

Subeesh @ Kannan vs State Of Kerala Represented on 29 July, 2011

Bench: K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5992 of 2011()


1. SUBEESH @ KANNAN, S/O.SOMAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.  K.SHAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :29/07/2011

 O R D E R
                     K.T.SANKARAN, J.
                     ------------------------------
                     B.A.No.5992 of 2011
                     ------------------------------
              Dated this the 29th day of July, 2011


                          O R D E R

This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in CR No.59/2011 of Adoor Excise Range, Pathanamthitta.

2. The offences alleged against the petitioner are under Sections 55(a) & (i) of the Abkari Act.

3. The prosecution case is that on 25.5.2011, the petitioner was found in possession of 10.3 litres of coloured arrack. He could not be arrested as he ran away. The petitioner was arrested on 9.7.2011 and he was remanded to judicial custody.

4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the BA 5992/2011 2 petitioner.

The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor, subject to the following conditions:

A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders;

B) The petitioner shall appear before the investigating officer for interrogation as and when required;

C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;

E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Bail Application is allowed as above.

K.T.SANKARAN JUDGE csl

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