Single judge allowed bail to the petitioner accused of possession of foreign liquor under Section 55(i) Kerala Abkari Act, directing execution of bond and compliance with reporting and conduct conditions.
Enlargement on bail on execution of bond for 1,00,000/- with two solvent sureties for like sum each, subject to reporting and other conditions.
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 B.KEMAL PASHA
FRIDAY, THE 5TH DAY OF SEPTEMBER 2014/14TH BHADRA, 1936
Bail Appl..No. 6412 of 2014 ()
AGAINST THE ORDER/JUDGMENT IN CMP 1394/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA DATED 18.082014 CRIME NO. 106/2014 OF SASTHAMCOTTA EXCISE RANGE OFFICE , KOLLAM
PETITIONER(S)/ACCUSED :
SIVANANDAN @ THANKACHAN, AGED 40 YEARS, S/O. SANKARAN, RESIDING AT SREE BHAVANAM, THURUTHIKKARA MURI, KUNNATHOOR VILLAGE KUNNATHOOR TALUK, KOLLAM DISTRICT.
BY ADV. SRI.P.V.DILEEP
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY SRI.ABDUL KHADIR, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AMV
B.KEMAL PASHA, J.
................................................................ B.A. No.6412 of 2014
............................................................... Dated this the 5th day of September, 2014
O R D E R
Petition filed under Section 439 Cr.P.C.
Sasthamcotta Excise Range, Kollam registered for the offence punishable under Section 55(i) of the Kerala Abkari Act.
08.08.2014, he was found in possession of 900 ml of Indian
Made Foreign Liquor in contravention of the provisions of the Abkari Act and he was arrested.
B.A.No. 6412 of 2014
-: 2 :-
(i) The petitioner shall report before the Investigating
Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 12-09-2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
B.A.No. 6412 of 2014
-: 3 :-
(iii) The petitioner shall make himself available for
interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence
while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/B. KEMAL PASHA, JUDGE
ul/-
[True copy]
P.S. to Judge
1 issue framed by the court
Whether the bondsman is eligible for bail given the period undergone and lack of criminal antecedents.
2 provisions across 2 enactments
SIVANANDAN @ THANKACHAN
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
