High Court of Kerala allowed bail to accused No.1 in excise offences punishable under Sections 57(a) and 56(b) of Kerala Abkari Act, subject to bond and strict conditions.
Bail granted subject to bond of Rs.50,000 with two sureties and conditions regarding availability, passport, non-rotation of residence, and no tampering.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933
Bail Appl..No. 3621 of 2011() --------------------------------------CMP.1177/2011 of J.M.F.C.-II, SULTHANBATHERY CR. NO.44/2011 OF SULTHAN BATHERI EXCISE RANGE, WAYANAD DISTRICT .................... PETITIONER/ACCUSED NO.1 -------------------------------------------
T.D.JOSEPH, S/O.DEVASYA, THOPPIL HOUSE, IRULAM VILLAGE, IRULAM, SULTHAN BATHERI, WAYANAD DISTRICT.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT(S): COMPLAINANT ------------------------------------------------
STATE OF KERALA, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.K.MEERA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
N.K.BALAKRISHNAN, J.
B.A.No. 3621 OF 2011
Dated this the 17th day of May, 2011
O R D E R
Petitioner is the first accused in CR No.44/2011 of Sulthan Batheri Excise Range, Wayanad District for the offences punishable under Sections 57(a) and 56(b) of the Kerala Abkari Act. The petitioner was arrested on 01/05/2011. His bail application was dismissed by the trial Court.
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received it can be stated that the charges are punishable under Sections 57(a) and 56(b) of the Act. Therefore, for the time being he has to be granted bail. Accordingly, considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that he will abide by any condition that may be imposed on him, the accused is granted bail subject to the following conditions:
i. The accused shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate-II, S.Bathery. 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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AM and 11.30 AM until further orders.
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vii. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate.
This Bail Application is allowed as above.
N.K.BALAKRISHNAN (JUDGE)
jg
T.D. Joseph
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
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