Allowed

Babu @ Kala Babu v. State of Kerala

Kerala HC12 Jun 2009Bail Appl./2922/2009

Case brief

AI extract

What is this about?

This is a bail application filed by the first accused in a crime under the Abkari Act. The court granted bail subject to furnishing a bond and abiding by specific conditions including appearing for interrogation and not influencing witnesses.

What did the court decide?

The petitioner was granted bail on execution of a bond for Rs.50,000/- with two solvent sureties for Rs.50,000/- each.

Babu @ Kala Babu Vs State of Kerala — Bail and Remand | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931

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Bail Appl..No. 2922 of 2009() ----------------------------CMP.1341/2009 of J.M.F.C.,KATTAKADA CRIME NO.40/09 OF ARYANADU EXCISE RANGE

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PETITIONER (S): ACCUSED

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BABU @ KALA BABU, S/O.KRISHNANKUTTY SAMBUTHANGI THADATHARIKATHU VEEDU, UTHARAMCODE, KOKKUDIMURY MANOORKKARA VILLAGE.

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BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.M.S.BREEZ

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B.A.No.2922 of 2009

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Dated this the 12^th day of June, 2009

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ORDER

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This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.40 of 2009 of Aryanadu Excise Range.

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The offences alleged against the petitioner are under Sections 8(1), 8(2) and 55(g) of the Abkari Act.

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The prosecution case is that on 1.5.2009, 450 litres of wash and 10 litres of arrack were seized from the house of the accused, where he is residing on rent. The petitioner was arrested on 13.5.2009 and he is in judicial custody.

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Taking into account the facts and circumstances of the

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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.

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The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, subject to the following conditions:

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BA No.2922 /2009

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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;

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

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

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

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

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The Bail Application is allowed as above.

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K.T.SANKARAN, JUDGE

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csl

Babu @ Kala Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Babu @ Kala Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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