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High CourtsSingle Bench(2012) 12 KL CK 0105

Chandrasekharan C.K. Alias Babu vs State of Kerala, Public Prosecutor High Court of Kerala at Ernakulam

High Court Of Kerala · Decided on 19 December 2012

HON’BLE JUDGES
P. Bhavadasan, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 9442 of 2012

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Judgment

8 paragraphs · 338 words

Justice P. Bhavadasan

1.

This is an application for bail u/s 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 545 of 2012 of Chombala Police Station, Kozhikode District. The offence alleged against the petitioner is u/s 55(a) of the Abkari Act. The prosecution case is that on 2.12.2012 at about 16.15 hours the petitioner was found in possession of 14.75 litres of Indian Made Foreign Liquor. The petitioner would say that he is innocent and has been falsely implicated. At any rate, he has been in custody from 2.12.2012 onwards. Investigation is almost complete, his continued custody is unnecessary.

2.

The learned Public Prosecutor very vehemently opposed the petition and pointed out that investigation is not yet complete. The claim of the petitioner that he is innocent cannot be countenanced on going through the materials available in the CD. Considering the quantity of the contraband seized, the nature of the offence alleged and that the petitioner having been custody from 2.12.2012 and since the investigation must almost have been completed, it is not necessary to detain the petitioner further. Therefore, the petition is allowed as follows:

1) The petitioner shall be released on bail on his executing a bond for a sum of Rs. 15,000/- (Rupees Fifteen thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial Magistrate of the First Class, Vatakara.

2) The learned Magistrate shall ensure the identity of the sureties and veracity of the tax receipts produced by the sureties.

3) The petitioner shall appear before the Investigating officer on every Wednesday between 9 A.M. and 10 A.M. till final report is laid.

4) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

5) If any of the condition is violated, the bail granted shall stand cancelled, and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.