Grant of bail to the petitioner, an accused in an abkari offence involving the transport of arrack, with conditions regarding bond, interrogation, and travel restrictions.
Petitioner granted bail with effect from 19.7.2012 subject to bond, interrogation conditions, and travel restrictions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
TUESDAY, THE 17TH DAY OF JULY 2012/26TH ASHADHA 1934
Bail Appl..No. 4612 of 2012 ()
-----------------------------CMP.5497/2012 of J.M.F.C.-I,HOSDRUG CRIME NO.53/2012 OF HOSDURG EXCISE RANGE
PETITIONER/ACCUSED :-
VILASINI C., AGED 30 YEARS W/O. SUDHAKARAN, RAVANESHWARAM SETTLEMENT COLONY CHITHARI VILLAGE, HOSDURG TALUK.
BY ADVS.SRI.T.K.VIPINDAS
SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN SRI.K.M.HASHIR SRI.K.M.MUHAMMED HUSSAIN
RESPONDENT/STATE :-
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM REPRESENTING S.H.O. HOSDURG EXCISE RANGE.
BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jvt
N.K.BALAKRISHNAN, J.
B.A. No.4612 of 2012
Dated this the 17th day of July 2012
O R D E R
Petitioner is the accused in Crime No.53/2012 of Hosdurg Excise Range. The offence alleged against her is under Sec.8(1) r/w 8(2) of Abkari Act. It is alleged that petitioner was found transporting 5 litres of arrack. She has been in custody from 22.6.2012 onwards.
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 receipts produced by the sureties, the learned Magistrate
B.A. No.4612 of 2012
-: 2 :-
can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make herself available for interrogation by the Investigating Officer and that she should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
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.
d. The accused will also file affidavit that she will abide by all the conditions as mentioned above and that 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
B.A. No.4612 of 2012
any police officer or tamper with the evidence.
e. The accused shall not leave the State of
Kerala without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
N.K.BALAKRISHNAN, JUDGE.
Jvt
1 issue framed by the court
Whether the petitioner accused of transporting arrack under the Abkari Act is entitled to bail.
Vilasini C.
The State of Kerala
N.K.Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
