Allowed

Sathyan v. State of Kerala

Kerala HC3 Aug 2012Bail Appl./5482/2012

Case brief

AI extract

What is this about?

The High Court of Kerala granted special bail to the first accused, who was in custody for alleged possession of spirit under the Abkari Act. Bail was ordered effective from 7.8.2012 subject to strict conditions including a bond, appearance before the investigating officer, and restriction on leaving the state.

What did the court decide?

Bail granted effective 7.8.2012 subject to conditions of bond execution, appearance before I.O., and not leaving Kerala.

Sathyan Vs State of Kerala — Bail and Remand | 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 3RD DAY OF AUGUST 2012/12TH SRAVANA 1934

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Bail Appl..No. 5482 of 2012 ()

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-----------------------------CMP.3049/2012 of J.M.F.C.-I, MAVELIKKARA C.R.NO.65/2012 OF MAVELIKARA EXCISE RANGE

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PETITIONER/ACCUSED NO.1 :-

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SATHYAN, AGED 41 YEARS S/O. VASUDEVAN, THAYYIL VEEDU, PEROOR KARANMA MURI THAMARACKULAM VILLAGE, MAVELIKKARA.

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BY ADV. SRI.NIREESH MATHEW

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RESPONDENT/COMPLAINANT :-

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.JASMINE V.H.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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N.K.BALAKRISHNAN, J.

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B.A. No.5482 of 2012

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Dated this the 3^rd day of August 2012

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O R D E R

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Petitioner is the first accused in C.R.No.65/2012 of Mavelikara Excise Range. The offences alleged against him and other accused are under Secs.55(a) and 55(D) of Abkari Act. Petitioner has been in custody from 1.7.2012 onwards.

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It is alleged that petitioner and another accused were found in possession of 15 litres of spirit. It is stated that other accused was already granted bail.

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Considering the period of detention already undergone by the petitioner, petitioner is granted bail with effect from 7.8.2012 subject to the following conditions :-

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a. The accused shall execute a bond for Rs.50,000/- (Rupees Fifty 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

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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 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 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 any police officer or tamper with the evidence.

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e. The accused shall not leave the State of

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Kerala without permission of the court.

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f. The learned Magistrate will also ensure the

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identity of the sureties by insisting production of electoral

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photo identity cards/Driving licence etc.

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N.K.BALAKRISHNAN, JUDGE.

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Jvt

Sathyan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sathyan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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