BAIL APPL No. 2817 of 2009 · Kerala High Court
Case at a glance
Outcome
Bail granted
The Bail Application is allowed as above
Provisions considered
Key paragraphs
- Para 55. 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 B.A. NO. 2817 OF 2009 F :: 2 :: satisfaction of the Judicial Magistrate of the First Class- III, Punalur, subject…
Judgment
CRIME NO.214 OF 2009 OF KUNNIKODU POLICE STATION CRMP.1874/2009 OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS III, PUNALUR . PETITIONER: ACCUSED: ------------------------------ SOMAN S/O. LIVY, MINI BHAVAN, OLIPURAM, MANCODU P.O., PATHANAMTHITTA. BY ADV. SRI.S.RAJEEV RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.214 OF 2009 OF KUNNIKODU POLICE STATION). PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2817 OF 2009 F ------------------------------------------------------ Dated this the 28th May, 2009
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 Crime No.214 of 2009 of the Kunnikodu Police Station.
The offence alleged against the petitioner is under Sections 55 (a) and (i) of the Abkari Act.
The prosecution case is that on 9.5.2009, the petitioner was found in possession of 3.75 litres of Indian Made Foreign Liquor. The petitioner was arrested on 9.5.2009 and he is in judicial custody.
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.
Operative part
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 B.A. NO. 2817 OF 2009 F :: 2 :: satisfaction of the Judicial Magistrate of the First Class- III, Punalur, subject to the following conditions: a) b) c) d) e) 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; The petitioner shall appear before the investigating officer for interrogation as and when required; The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; 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. ahz/ (K.T.SANKARAN) Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Bail Application is allowed as above
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439.
Which court decided this case, and when?
Kerala High Court, on 28 May 2009. The bench was K T SANKARAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.