Allowed

Abdul Niyas v. Sub Inspector of Police

Kerala HC6 Jul 2012Bail Appl./3933/2012

Case brief

AI extract

What is this about?

In a bail application arising from a charge under the Abkari Act for transporting illicit liquor, the High Court of Kerala on 06-07-2012 granted bail subject to specific conditions including furnishing a bond, producing a passport, and remaining within the state.

What did the court decide?

Petitioner granted bail with effect from 09-07-2012 subject to execution of bond and other specified conditions.

Abdul Niyas Vs Sub Inspector of Police — Cheque Dishonour | Kerala HC (2012)

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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 N.K.BALAKRISHNAN

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FRIDAY, THE 6TH DAY OF JULY 2012/15TH ASHADHA 1934

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Bail Appl..No. 3933 of 2012 ()

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CRIME NO.265/2012 OF KUMBLA POLICE STATION, KASARAGOD DISTRICT.

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PETITIONER(S)/ACCUSED:

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ABDUL NIYAS, AGED 23 YEARS S/O.RAFIDDHIN, SUMAYYA MANZIL, PULIKKURU SHIRIBAGILU VILLAGE.

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BY ADV. SRI.T.G.RAJENDRAN

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RESPONDENT/COMPLAINANT/STATE:

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1. SUB INSPECTOR OF POLICE

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KUMBLA POLICE STATION-671 551.

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2. STATE OF KERALA

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REP. BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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N. K. BALAKRISHNAN, J.

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================= B. A. No. 3933 of 2012

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================= Dated this the 6^th day of July, 2012

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O R D E R

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Petitioner is the accused in Crime No.265 of 2012 of Kumbla Police Station. Offence alleged against him is under section 55(a) of the Abkari Act.

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It is alleged that the petitioner was found transporting 2100 packets, each containing 90 ml. of Indian Made Foreign Liquor, which was used to be only in Goa. It was transported in a car. The petitioner has been in custody from 28-5-2012.

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Considering the period of detention already undergone by the petitioner and in view of the submission made on his behalf that the petitioner will abide by any condition that may be imposed on him, the petitioner is granted bail with effect from 9-7-2012 subject to the following conditions:

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The petitioner shall execute a bond for Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each

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B.A.No.3933/202 - 2 -

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for the like sum to the satisfaction of the concerned Court. 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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The petitioner shall make himself available for interrogation by the Investigating Officer and he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.

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The petitioner 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.

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The petitioner will also file an affidavit stating 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

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B.A.No.3933/202 - 3 -

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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 any police officer or tamper with the evidence.

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The petitioner shall not leave the State of Kerala without permission of the court.

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

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N.K. BALAKRISHNAN, JUDGE

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Abdul Niyas v. Sub Inspector of Police

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Abdul Niyas v. Sub Inspector of Police

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