Allowed

Radha v. Excise Inspector

Kerala HC1 Aug 2012Bail Appl./4606/2012

Case brief

AI extract

What is this about?

The Kerala High Court granted bail to the first accused in a prosecution under Section 55(g) of the Abkari Act for possession of prohibited liquor. Bail was granted subject to specific conditions including monetary bond, appearance before I.O., non-leave of the state, and proper surety production.

What did the court decide?

Bail granted to the accused effective 3.8.2012 subject to conditions of bond, surety verification, interrogation appearance, and restriction on leaving Kerala.

Radha Vs Excise Inspector — Narcotics (NDPS) | 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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WEDNESDAY, THE 1ST DAY OF AUGUST 2012/10TH SRAVANA 1934

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Bail Appl..No. 4606 of 2012 ()

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IN CRIME NO.29/2008, KAYAMKULAM EXCISE RANGE ALAPPUZHA DISTRICT

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PETITIONER/ACCUSED(S):

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RADHA, AGED 50 YEARS W/O.SOMAN, PULINKEEZHIL, PUTHIYAVILA THEKKUM MURI KANDALLOOR VILLAGE, KARTHIKAPPALLY TALUK.

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BY ADV. SRI.P.SREEKUMAR

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RESPONDENT/COMPLAINANT(S):

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1. EXCISE INSPECTOR

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KAYAMKULAM EXCISE RANGE,

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ALAPPUZHA DISTRICT- 688 530

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2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM-682 031

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BY PUBLIC PROSECUTOR, SRI.SREEJITH V.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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das

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N.K.BALAKRISHNAN, J.

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B.A. No.4606 of 2012

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Dated this the 1^st day of August 2012

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O R D E R

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Petitioner is the first accused in Crime No.29/2008 of Kayamkulam Excise Range, Alappuzha District which is now stated to be pending before J.F.C.M.-I, Haripad as C.P.No.85/2012. The offence alleged against her is under Sec.55(g) of Abkari Act.

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The allegation is that the petitioner was found in possession of 280 litres of wash. The accused surrendered before the court on 22.6.2012. Earlier she was given interim bail for 11 days in order to attend her daughter's marriage.

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Considering all the aspects, petitioner is granted bail with effect from 3.8.2012 subject to the following conditions :-

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a. The accused shall execute a bond for

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B.A. No.4606 of 2012

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-: 2 :-

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

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

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d. The accused will also file affidavit that she will abide by all the conditions as mentioned above and that

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B.A. No.4606 of 2012

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-: 3 :-

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she will not commit any offence similar to the offence involved in this case and that she 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 any police officer or tamper with the evidence.

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

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f. 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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Jvt

Radha v. Excise Inspector

Case brief

What is this about?

What did the court decide?

Radha v. Excise Inspector

Case brief

What is this about?

What did the court decide?

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