Single-judge bench granted regular bail to the petitioner, a third accused in an excise case, subject to extensive conditions regarding sureties, appearance before investigating officers, travel restrictions, and abiding by the law.
The petitioner is granted bail from 29.5.2011 subject to conditions of bond, appearance, and travel restrictions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933
Bail Appl..No. 3583 of 2011() ----------------------------CRIME NO.10/2009 OF TALIPARAMBA EXCISE RANGE
PETITIONER/3RD ACCUSED.
------------------------------------------AZAD C.K., S/O. KHADIR PILLA, AZAD MANZIL, PERUMBAVOOR, ERNAKULAM DISTRICT.
BY ADV. SRI.C.A.CHACKO SRI.BENNY VARGHESE (THETTAYIL)
RESPONDENT(S): COMPLAINANT.
STATE OF KERALA, REPRESENTING EXCISE RANGE OFFICER, TALIPARAMBA EXCISE RANGE, KANNUR DISTRICT, THOUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR S.U.NAZAR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
N.K.BALAKRISHNAN, J.
B.A.No.3583 of 2011
Dated this the 20th day of May, 2011
ORDER
Petitioner is the third accused in Crime No.10 of
2009 of Taliparamba Excise Range. It was registered under Section 55(a) of the Abkari Act. Petitioner has been in judicial custody from 29.4.2011 onwards. His bail application was dismissed by the trial Court.
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undergone by the accused and in view of the submission made on behalf of the accused that he will abide any condition that may be imposed on him, the accused is granted bail. but with effect from 29.5.2011 subject to the following conditions:
i. The accused shall execute a bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate, Taliparamba. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
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having any valid passport, he should file an affidavit regarding the same before the Magistrate.
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JUDGE
N.K.BALAKRISHNAN
csl
3 issues framed by the court
Whether the petitioner is entitled to regular bail after the permissible period of detention.
What conditions should be imposed on the accused for the grant of bail.
How to verify the creditworthiness and identity of the sureties in excise cases.
1 provisions across 1 enactments
Azad C.K.
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
