Tharamangalam Jose vs Excise Inspector on 16 July, 2009

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Kerala High Court

Tharamangalam Jose vs Excise Inspector on 16 July, 2009

Bench: K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3834 of 2009()


1. THARAMANGALAM JOSE, S/O.JOSEPH
                      ...  Petitioner

                        Vs



1. EXCISE INSPECTOR, ALAKODE EXCISE RANGE
                       ...       Respondent

                For Petitioner  :SRI.V.A.SATHEESH

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :16/07/2009

 O R D E R
                          K.T.SANKARAN, J.
                      -----------------------------
                          B.A.No.3834 of 2009
                      ------------------------------
                 Dated this the 16th day of July, 2009




                                ORDER

This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.18 of 2009 of Alakode Excise Range.

2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act.

3. The prosecution case is that on 3.7.2009, the petitioner was found in possession of 4 litres of arrack. He was arrested on the same day. The petitioner is in 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 petitioner.

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

BA No. 3834/2009 2

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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