Allowed

Sathyan v. State of Kerala

Kerala HC18 Jan 2013Bail Appl./119/2013

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the petitioner accused of offences under Sections 8(1) and 2 of the Abkari Act for possession of arrack. The court found continued custody unnecessary as the investigation appeared substantially complete and no risk of absconding was indicated.

What did the court decide?

Release on bail with bond and two solvent sureties, mandatory appearance Tuesdays, and prohibition on tampering with evidence or witnesses.

Sathyan Vs State of Kerala — Landlord and Tenant | Kerala HC (2013)

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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 P.BHAVADASAN

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FRIDAY, THE 18TH DAY OF JANUARY 2013/28TH POUSHA 1934

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Bail Appl..No. 119 of 2013 ()

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----------------------------CRIME NO. 118/2012 OF KONNI EXCISE RANGE OFFICE , PATHANAMTITTA

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PETITIONER/ACCUSED:

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SATHYAN, AGED 34 YEARS,S/O. KUNJU CHERUKKAN, KAVUM MURIYIL VEEDU,CHELIKKUZHI,ARUVAPPULAM VILLAGE.

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BY ADVS.SRI.M.T. SURESHKUMAR SRI. RAJA VIJAYARGHAVAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031.

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BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Kss

P.BHAVADASAN, J.

B.A. No.119 of 2013

Dated this the 18^th day of January, 2013

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ORDER

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The petitioner was apprehended with 15 litres of arrack and was booked for the offences punishable under Section 8(1) and (2) of the Abkari Act and was remanded to custody on 26.12.2012.

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The petitioner would say that he is innocent and has been falsely implicated. At any rate, according to him, his continued custody is unnecessary.

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Learned Public Prosecutor opposed the petition pointing out that the offence is serious and the investigation is not yet complete.

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After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the records, the claim of the petitioner that he is innocent and has been falsely implicated cannot be countenanced in the light of the materials that could be available from the CD. The contraband articles was seized from his possession. However, the fact remains that the petitioner has been in custody from 26.12.2012 onwards. It seems to be that

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B.A.No.119/2013 :2:

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since a good part of investigation must have been completed by now and since no apprehension has been expressed by the investigating agency that if released on bail the petitioner is likely to abscond, the continued custody of the petitioner is unnecessary. In the result, the application is allowed and the petitioner is granted bail as follows:

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(a)The petitioner shall be released on bail on his executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM-II, Pathanamthitta.

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(b)The learned Magistrate may ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.

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(c) The petitioner shall appear before the Investigating Officer on every Tuesday between 9 a.m. and 10 a.m. till final report is filed.

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(d)The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

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(e)If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned, of being satisfied of the said fact, may take such proceedings as are available to him in law.

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P.BHAVADASAN,

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Judge.

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okb.

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?

What the court decided

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