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Joseph vs State Of Kerala

High Court Of Kerala|18 December, 2014
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JUDGMENT / ORDER

~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.216/2014 of Kollam Excise Range registered for the offence punishable under Section 55(i) of the Abkari Act.
3. The allegation against the petitioner is that on 07.12.2014 at 1 p.m., he was found engaged in selling IMFL in contravention of the provisions of the Abkari Act and a quantity of 3.125 litres of IMFL was seized from his possession. The petitioner has been in custody for the period from 07.12.2014 onwards.
4. No criminal antecedents have been reported against the petitioner. It seems that the investigation of this case is practically over. The continued detention of the petitioner in custody is not required for the continued investigation of this case. Considering the facts and circumstances of this case and having regard to the period undergone by the petitioner in custody, I am satisfied that the petitioner can be enlarged on bail.
5. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 22.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/18/12 // True Copy // PA to Judge
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Title

Joseph vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
18 December, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri
  • N Sunil Joseph