Allowed

Joy C.P v. State of Kerala

Kerala HC2 Aug 2012Bail Appl./5477/2012

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam disposed of an anticipatory bail application. The petitioner, accused in an offence under the Essential Commodities Act involving alleged illegal transport of ration articles, was directed to surrender for interrogation. Bail was granted subject to specific conditions including execution of a bond with sureties and restrictions on leaving the state.

What did the court decide?

Anticipatory bail granted subject to conditions including surrender within two weeks, execution of bond with sureties, and restriction on leaving Kerala.

Joy C.P Vs State of Kerala — Pension and Retirement Benefits | 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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THURSDAY, THE 2ND DAY OF AUGUST 2012/11TH SRAVANA 1934

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Bail Appl..No. 5477 of 2012 () -----------------------------IN CRMC.1586/2012 of SESSIONS COURT,THRISSUR IN CRIME NO.762/2012 OF PERAMANGALAM POLICE STATION THRISSUR DISTRICT

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PETITIONER(S)/SOLE ACCUSED:-:

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JOY C.P. AGED 50 YEARS S/O.PORINCHU, CHIRIYANKANDATH HOUSE AYYANTHOLE VILLAGE, THRISSUR.

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BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH)

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RESPONDENT/COMPLAINANT(S)/STATE OF KERALA:-:

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STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE PERAMANGALAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM - 682 031.

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BY PUBLIC PROSECUTOR, SMT. JASMINE V.H.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-08-2012, 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. 5477 of 2012

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========================= Dated this the 2^nd day of August, 2012

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ORDER

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Petitioner is the first accused in Crime No.762/2012 of Peramangalam Police Station, Thrissur district. The offences alleged against him are under Order 5(a) of Kerala Rationing Order and Secs. 3 and 7 of the Essential Commodities Act. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that on 07.07.2012, the Civil Police Officer received an information that ration articles were being illegally transported from the ration shop ARD No.150. When they reached the spot, they show five sacks/bags (each bag stated to be weighing 50 Kg.) being loaded in an autorickshaw. The petitioner was stated to be the person who was conducting the ration shop ARD No.150.

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Learned counsel for the petitioner submits that

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B.A.No.5477/2012

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ARD licence was terminated on 11.03.2012 and so it cannot be believed that the petitioner would transport ration articles and that it is also not possible to find whether the rice which was being loaded in the autorickshaw was really ration rice. Learned public prosecutor submits that seizure was from the front of the ARD mentioned above.

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Considering all the aspects, the following directions are issued:

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The petitioner shall surrender before the Investigating Officer within two weeks from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions:

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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

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B.A.No.5477/2012

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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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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.

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

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d. The accused will also file an 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

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B.A.No.5477/2012

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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 State of Kerala without the prior permission of the learned Magistrate.

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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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sd/-

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N.K.BALAKRISHNAN, JUDGE

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das

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// True copy //

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PA to Judge

Joy C.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joy C.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

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