Allowed

Babu v. State of Kerala

Kerala HC5 Sept 2014Bail Appl./6420/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the bail application of an accused facing charges of possessing Indian made foreign liquor. The order enlarged the petitioner on bail on executing a bond of ₹1,00,000 with two sureties, imposing standard reporting and conduct conditions.

What did the court decide?

The petitioner shall be enlarged on bail on executing a bond for ₹1,00,000 with two solvent sureties for the like sum each.

Babu Vs State of Kerala — Narcotics (NDPS) | 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 B.KEMAL PASHA

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FRIDAY, THE 5TH DAY OF SEPTEMBER 2014/14TH BHADRA, 1936

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Bail Appl..No. 6420 of 2014 (B)

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CMP 5680/2014 of J.M.F.C., KAYAMKULAM

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CRIME NO. 103/2014 OF KAYAMKULAM EXCISE RANGE OFFICE , ALAPPUZHA

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PETITIONER/ACCUSED:

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BABU, AGED 47 YEARS S/O.PARAMU, RESIDING AT SUBU BHAVANAM (VALATHUKATTIL) PULLIKANAKKU MURI, KAYAMKULAM.

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BY ADV. SRI.A.J.VARGHESE

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTING EXCISE INSPECTOR KAYAMKULAM EXCISE RANGE, ALAPPUZHA DISTRICT.

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BY PUBLIC PROSECUTOR, SHRI.ABDUL KHADER

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.KEMAL PASHA J.

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B.A. No.6420 of 2014 B

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- - - - -- - - - Dated this the 5^th day of September, 2014

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O R D E R

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Petition filed under Section 439 Cr.P.C.

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Petitioner is the accused in Crime No.103/2014 of

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Kayamkulam Excise Range registered for the offence punishable under Section 55(i) of the Kerala Abkari Act.

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The allegation against the petitioner is that on 21.8.2014 at 2.30 p.m., he was found in possession of 650 ml. of Indian made Foreign Liquor, in contravention of the Abkari Act and, consequently he was arrested.

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Heard learned counsel for the petitioner and the learned Public Prosecutor. The Public Prosecutor has opposed the petition.

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No criminal antecedents have been reported against the petitioner.

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The contraband involved is a small quantity of Indian made

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B.A. No.6420 of 2014

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Foreign Liquor. Having regard to the period undergone by the petitioner in custody, and the small quantity of contraband

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involved, this Court is of view that the petitioner can be enlarged on bail.

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In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for ₹1,00,000/- (Rupees one lakh only) with two solvent sureties for

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the like sum each to the satisfaction of the court below, and subject

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to the following terms and conditions:-

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(i) The petitioner shall report before the Investigating

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Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 12.9.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.

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(ii) The petitioner shall not tamper with the evidence or influence witnesses.

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(iii) The petitioner shall make himself available for

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B.A. No.6420 of 2014

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interrogation as and when required by the Investigating Officer.

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(iv) The petitioner shall not involve in any offence while on

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bail.

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It is made clear that the violation of any of the conditions

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stipulated above will result in the cancellation of bail.

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Sd/-

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B.KEMAL PASHA, JUDGE

TRUE COPY

PA to Judge

B.A. No.6420 of 2014

Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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