Allowed

Krishnakumar v. State of Kerala

Kerala HC14 Aug 2009Bail Appl./4338/2009

Case brief

AI extract

What is this about?

High Court of Kerala allowed bail to two accused persons charged with transporting spirit under the Abkari Act, granting protection on bond conditions for interrogation and witness protection.

What did the court decide?

Petitioners released on bail with executing bond of Rs.50,000/- each and two solvent sureties, subject to reporting conditions and prohibition on influencing prosecution witnesses.

Krishnakumar Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE K.T.SANKARAN

¶4

FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931

¶5

Bail Appl..No. 4338 of 2009

¶6

CRIME NO.353 OF 2009 OF PAZHAYANNUR POLICE STATION, THRISSUR CMP.5444/2009 of J.M.F.C., KODUNGALLUR

¶7

PETITIONER/ACCUSED NO.1 & 2

¶8

¶9

KRISHNAKUMAR, AGED 40 YEARS, S/O.NATARAJAN, KUNNATHARA, KALLEPPADAM.

¶10

HARI @ HARIDAS, AGED 33 YEARS, S/O.NARAYANAN, THIRUTHIKULLY PARAMBIL, KALLEPPADAM, PAZHAYANNUR.

¶11

BY ADV. SRI.NIREESH MATHEW

¶12

RESPONDENT: COMPLAINANT

¶13

¶14

STATE OF KERALA, REPRESENTED BY THE INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶15

PUBLIC PROSECUTOR SRI.M.S.BREEZ

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

K.T.SANKARAN, J.

¶18

B.A.No.4338 of 2009

¶19

Dated this the 14^th day of August, 2009

¶20

ORDER

¶21

This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.353 of 2009 of Pazhayannur Police Station.

¶22

The offences alleged against the petitioners are under Sections 55(a) and (i) of the Abkari Act.

¶23

The prosecution case is that on 16.7.2009, the accused persons were found transporting 72 litres of spirit in a car. The petitioners were arrested on the same day and they were remanded to judicial custody.

¶24

It is submitted by the learned public prosecutor that the petitioners are not involved in any other case of a similar nature.

¶25

Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the

BA No.4338/2009

petitioners.

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

¶30

a) The petitioners 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;

¶31

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

¶32

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

¶33

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

¶34

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

¶35

The Bail Application is allowed as above.

¶36

K.T.SANKARAN, JUDGE

¶37

csl

Krishnakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Krishnakumar 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

Coram

Case details

Similar cases

Biju Vs State of Kerala

Udayakumar and Others Vs State of Kerala and Another

Sandeep M.S. Vs State of Kerala

G.Rajendrababu Vs State of Kerala

Rajani Vs State of Kerala

Kammatathu Valappil Narayanan Vs State of Ekrala