Allowed

Shailaja v. State of Kerala

Kerala HC5 Jul 2011Bail Appl./5119/2011

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a bail application filed by an accused person charged with selling Indian made foreign liquor. The petitioner was granted bail subject to conditions including executing a bond and obtaining solvent sureties, with restrictions on influencing witnesses or committing further offences.

What did the court decide?

Petitioner released on bail on executing bond of Rs. 15,000 with two sureties for like amount, subject to conditions not to tamper with evidence or commit further offences.

Shailaja Vs State of Kerala — Bail and Remand | Kerala HC (2011)

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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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TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933

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Bail Appl..No. 5119 of 2011

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CMP.2368/2011 OF J.M.F.C.,KATTAKADA CRIME NO.331 OF 2011 OF MALAYINKEEZHU POLICE STATION

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PETITIONER/ACCUSED

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SHAILAJA, D/O.PARVATHY, NEAR JANARDHANAPURAM SCHOOL, KURAVARA DESOM, SWPANA BHAVAN, OTTASSEKHARAMANGALAM VILLAGE.

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BY ADV. SRI.M.R.SARIN PANICKER

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RESPONDENT: ---------------

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

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PUBLIC PROSECUTOR SRI.V.TEKCHAND

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B.A. NO. 5119 OF 2011

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Dated this the 5^th day of July, 2011

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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 accused in Crime No.331 of 2011 of Malayinkeezhu Police Station.

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

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The prosecution case is that on 16.6.2011 at 3 PM, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of eight litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 16.6.2011 and she was remanded to judicial custody. It is stated that no other case is registered against the petitioner for similar offence.

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Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the

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B.A. NO. 5119 OF 2011

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:: 2 ::

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petitioner, the nature of the offence and that the charge was laid, 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 her

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executing bond for Rupees Fifteen thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakkada, subject to the following conditions:

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a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence.

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

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c) 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/

Shailaja v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shailaja v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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