The Kerala High Court granted bail to the accused, who was in custody since 14.7.2012, in a case involving possession of arrack under the Abkari Act, specifying conditions including a bond, passport production, and prohibition on leaving the state.
Bail granted with effect from 16.8.2012 subject to conditions including bond execution and passport production.
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
FRIDAY, THE 10TH DAY OF AUGUST 2012/19TH SRAVANA 1934
Bail Appl..No. 5557 of 2012 ()
-----------------------------CMP.7675/2012 of J.M.F.C.-III,NEYYATTINKARA CRMC.1774/2012 of SESSIONS COURT,TRIVANDRUM CRIME NO.31/2012 OF THIRUPURAM EXCISE RANGE
PETITIONER/ACCUSED :-
CHANDRIKA, AGED 45 YEARS W/O.CHRISTUDAS, VARUTHATTU PUTHEN VEEDU PLAKKATTUVILAKAM, KARUMKULAM.
BY ADV. SRI.BLAZE K.JOSE
RESPONDENT/COMPLAINANT :-
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN-682 031.
2. EXCISE INSPECTOR THIRUPURAM EXCISE RANGE, THIRUPURAM THIRUVANANTHAPURAM, PIN-695161.
BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jvt
N.K.BALAKRISHNAN, J.
B.A. No.5557 of 2012
Dated this the 10th day of August 2012
O R D E R
Petitioner is the accused in Crime No.31/2012 of Thirupuram Excise Range, Thiruvananthapuram District. The offences alleged against her are under Secs.58 and 55 (i) of Abkari Act. Petitioner has been in custody from 14.7.2012 onwards.
a. The accused shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two
B.A. No.5557 of 2012
-: 2 :-
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.
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
B.A. No.5557 of 2012
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.
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 is entitled to bail in the bailable and non-bailable offence under the Abkari Act.
1 provisions across 1 enactments
Chandrini
State of Kerala
Excise Inspector, Thirupuram
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
