Allowed

Rajesh v. State of Kerala

Kerala HC8 Oct 2009Bail Appl./5771/2009

Case brief

AI extract

What is this about?

Bail application allowed under Section 439 CrPC and Section 167(2) CrPC. Petitioner granted bail on default grounds following failure to file charges within statutory time limit under Section 167(2) in a case involving transport of spirit under Abkari Act.

What did the court decide?

Petitioner released on bail on execution of bond for Rs. 25,000 with two solvent sureties for like amount subject to conditions.

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

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931

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Bail Appl..No. 5771 of 2009

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CRIME NO.314 OF 2009 OF ALATHUR POLICE STATION

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PETITIONER/ACCUSED

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RAJESH, AGED 31 YEARS, S/O.KUTTAN,KANJIKKANVEEDU, PUTHIYAVILAMURI, KANDALLUR, KARTHIKAPALLI, ALAPPUZHA.

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BY ADV. SRI.AJITH MURALI

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RESPONDENT: COMPLAINANT

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STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.TEKCHAND

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B.A. NO. 5771 OF 2009

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Dated this the 8^th day of October, 2009

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O R D E R

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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.314 of 2009 of Alathur Police Station.

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The offence alleged against the petitioner is under Section 55(a) of the Abkari Act.

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The prosecution case is that on 25.6.2009, a quantity of 700 litres of spirit was transported by accused Nos.2 to 4. The allegation is that the petitioner directed accused Nos.2 to 4 to transport the contraband. The vehicle belongs to the petitioner. The petitioner was arrested on 7.8.2009. Final report is not filed so far. Therefore, the petitioner is entitled to get default bail under Section 167(2) of the Code of Criminal Procedure.

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Taking into account the facts and circumstances of the case and also the fact that charge is not filed within the time

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B.A. NO. 5771 OF 2009

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:: 2 ::

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stipulated under Section 167(2) of the Code of Criminal Procedure, I

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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

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bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Alathur, subject to the following conditions:

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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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ahz/

Rajesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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