Allowed

B.S.Satheesh Shetty v. Excise Range Officer

Kerala HC12 Jun 2012Bail Appl./3587/2012

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam granted bail to the petitioner accused in Criminal No. 31/12 of Kumbla Excise Range, Kasaragod. The offence was possession of liquor bought in Karnataka for sale. Bail was fixed with effect from 16.6.2012 subject to monetary surety and specific conditions.

What did the court decide?

Bail granted with effect from 16.6.2012 subject to bond of Rs.25,000, two sureties, and specific conditions regarding interrogation, passport, and non-interference with witnesses.

B.S.Satheesh Shetty Vs Excise Range Officer — Bail and Remand | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

¶4

TUESDAY, THE 12TH DAY OF JUNE 2012/22ND JYAISHTA 1934

¶5

Bail Appl..No. 3587 of 2012 ()

¶6

(CRIME NO.31/12 OF KUMBLA EXCISE RANGE, KASARAGOD DIST.)

¶7

PETITIONER/ACCUSED :

¶8

B.S.SATHEESH SHETTY, AGED 31 YEARS S/O. SANKAPPA SHETTY, BANNURGUTHU HOUSE ADUKKA DESOM, ICHILAMKOD VILLAGE, KASARAGOD.

¶9

BY ADV. SRI.P.K.ANIL

¶10

RESPONDENTS/COMPLAINANTS :

¶11

1. EXCISE RANGE OFFICER KUMBLA EXCISE RANGE, KASARAGOD DISTRICT-671 321.

¶12

2. STATE OF KERALA

¶13

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

¶14

BY PUBLIC PROSECUTOR SMT.JASMINE V.H.

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

¶17

N.K.BALAKRISHNAN, J.

¶18

B.A. No.3587 of 2012

¶19

Dated this the 12^th day of June 2012

¶20

O R D E R

¶21

Petitioner is the accused in Crime No.31/2012 of Kumbla Excise Range. The offence alleged against him is under Sec.55(a) of Abkari Act. It is alleged that he was found in possession of 25 bottles each containing 180ml of liquor which was to be sold only in Karnataka State. Petitioner has been in custody from 19.5.2012 onwards.

¶22

Considering all the aspects, petitioner is granted bail with effect from 16.6.2012 subject to the following conditions :-

¶23

a. The accused shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax

¶24

B.A. No.3587 of 2012

¶25

-: 2 :-

¶26

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.

¶27

b. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.

¶28

c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

¶29

d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to

¶30

B.A. No.3587 of 2012

¶31

any police officer or tamper with the evidence.

¶32

e. The accused shall not leave the State of

¶33

Kerala without permission of the court.

¶34

f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

¶35

N.K.BALAKRISHNAN, JUDGE.

¶36

Jvt

B.S.Satheesh Shetty v. Excise Range Officer

Case brief

What is this about?

What did the court decide?

B.S.Satheesh Shetty v. Excise Range Officer

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

Johny Mathew Vs State Oe Kerala

Shihabudheen M.I Vs State of Kerala

Jerome Vs State of Kerala

Hamsa K.V Vs State of Kerala

Ajithkumar Menon Vs State of Kerala

Ramadas Vs State of Kerala