Allowed

G.Mohanan v. State of Kerala

Kerala HC13 Jan 2014Bail Appl./280/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail to two petitioners accused of offences under the Kerala Abkari Act involving toddy and spirit. The court granted bail contingent on the execution of a bond and specific conditions regarding surrendering passports and reporting to investigating officers.

What did the court decide?

Petitioners granted bail in C.R.No.78 of 2012 with bond of `35,000/- each and three sureties subject to specified conditions.

G.Mohanan Vs State of Kerala — Bail and Remand | Kerala HC (2014)

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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 THOMAS P.JOSEPH

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MONDAY, THE 13TH DAY OF JANUARY 2014/23RD POUSHA, 1935

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Bail Appl..No. 280 of 2014 ()

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AGAINST THE ORDER/JUDGMENT IN Crl.MC 148/2014 of HIGH COURT OF KERALA DATED 03-01-2014.

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C.R.No.78 of 2012 of the Noornad Excise Range Office

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ACCUSED 4 AND 5/PETITIONERS:

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1. G.MOHANAN, AGED 50 MANKOOTTATHIL THEKKUVEETTIL THAMARAKULAM VILLAGE MAVELIKARA, ALAPPUZHA DISTRICT.

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2. VISWANATHAN N. AGED 49 AVANI VEEDU, PEROORKARAZHMA THAMARAKULAM VILLAGE MAVELIKARA, ALAPPUZHA DISTRICT.

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BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.R.PADMAKUMAR

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SRI.ANOOP.V.NAIR

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COMPLAINANT(S)/RESPONDENTS/STATE:

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

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2. THE EXCISE CIRCLE INSPECTOR EXCISE CIRCLE OFFICE, MAVELIKARA ALAPPUZHA DISTRICT PIN.690 101.

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BY PUBLIC PROSECUTOR: ADV.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOMAS P.JOSEPH, J.

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=========================

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B.A.No.280 of 2014

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============================ Dated this the 13^th day of January, 2014

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O R D E R

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Petitioners are accused Nos.4 and 5, in C.R.No.78 of 2012 of the Noornad Excise Range Office for the offences punishable under Secs.55(a), 55(D), 57(a), 58 and 67(B) of the Kerala Abkari Act for allegedly dealing with 850 liters of toddy and 50 liters of spirit on 26.06.2012, surrendered on 06.01.2014, are in custody since then and seek bail.

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Learned Senior Advocate for the petitioners has submitted, placing reliance on the decision in Sreekumar Vs. State of Kerala (2008(3) KHC 680) that since the learned Judicial First Class Magistrate-II, Mavelikkara had issued summons to the petitioners in C.P.No.83 of 2013, petitioners should have been granted bail. It is also submitted that this Court had directed the learned magistrate to consider the application for bail on the same day the application is filed in view of the aforesaid decision.

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I have heard the learned Public Prosecutor as well.

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Since the final report is filed and in the light of other relevant circumstances, I am inclined to grant bail but subject to conditions to ensure presence of the petitioners for trial and that

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B.A.No.280 of 2014

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incidents of the nature are not repeated.

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Resultantly this application is allowed as under:

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(i) Petitioners are granted bail in C.R.No.78 of 2012 of the Noornad Excise Range Office and shall be released, if not required to be detained otherwise on their executing bond for `35 ,000 /- (Rupees Thirty Five Thousand Only) each with three sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate-II, Mavelikkara and subject to the following conditions:

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(a) One of the sureties shall be a close relative of any of the petitioners.

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(b) Petitioners shall surrender their passport before the learned Judicial First Class Magistrate-II, Mavelikkara while executing the bail bond and in case they have none, file affidavit to that effect.

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(c) Petitioners shall report to the Officer who has investigated and charge sheeted the case as and when directed for interrogation.

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(d) Petitioners shall not, during the period of this bail get involved in any offence.

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(e) Petitioners shall not leave the State of Kerala except with the permission of the learned Judicial First Class Magistrate-II, Mavelikkara until committal if any, and thereafter of the learned Principal Sessions Judge concerned.

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B.A.No.280 of 2014

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(f) In case of violation of condition Nos.(b) to (e), the bail granted hereby is liable to be cancelled by moving application before the learned Judicial First Class Magistrate-II, Mavelikkara/Principal Sessions Judge as aforesaid as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).

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Sd/-

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THOMAS P.JOSEPH, JUDGE.

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Sbna

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True Copy

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P A to Judge

G.Mohanan v. State of Kerala

Case brief

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G.Mohanan v. State of Kerala

Case brief

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