The court allowed a bail application for the accused apprehended with IMFL. Balancing the need for investigation with the lack of flight risk, the judge granted bail on bond and undertakings regarding reporting and non-tampering.
Petitioner released on bail on a bond of Rs. 25,000 with conditions to report to the IO and not tamper with evidence.
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 P.BHAVADASAN
WEDNESDAY, THE 23RD DAY OF JANUARY 2013/3RD MAGHA 1934
Bail Appl..No. 169 of 2013 (B)
----------------------------------------[CRIME NO. 1/2013 OF NILESWAR EXCISE RANGE IN KASARGOD DISTRICT]
PETITIONER/ACCUSED:
CHANDRAN.T. AGED 45 YEARS, S/O.CHANDRAN,RESIDING AT KANNAMKAI, CHERUVATHUR VILLAGE,HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADV. SRI.JAWAHAR JOSE.
RESPONDENT/STATE:
THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA .T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Prv.
P. BHAVADASAN, J.
Dated this the 23rd day of January, 2013.
ORDER
Petitioner was apprehended with 750 ml. of IMFL and was arrested on 1.1.2013.
and has been falsely implicated with ulterior motive. At any rate, according to him, he has been in custody from 1.1.2013 and his continued custody is unnecessary.
application and pointed out that the petitioner has criminal antecedents and also that investigation is still going on.
B.A.169/2013. 2
investigation must have been completed by now. Considering the nature of the allegations against the petitioner, the nature and quantity of the contraband seized, the fact that a good part of the investigation must have been completed by now and since there is no apprehension expressed by the prosecution that if the petitioner is released on bail he is likely to abscond, his continued custody appears to be unnecessary.
Therefore, this application is allowed on the following conditions:
i) Petitioner shall be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM-I, Hosdurg.
ii) The learned Magistrate may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time of executing the bond.
B.A.169/2013.
3
iii) Petitioner shall report before the Investigating Officer on every Thursday between 9 a.m. and 10 a.m. till final report is laid.
iv) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
v) If any of the conditions is violated, bail granted to petitioner shall stand cancelled, and the JFCM concerned may take such steps as are available to him in law.
P. BHAVADASAN, JUDGE
sb.
1 issue framed by the court
Whether the petitioner is entitled to bail considering the nature of the offence, quantity of contraband seized, and duration of custody.
Chandran.T.
The State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
