Allowed

Sujatha Binu v. the State of Kerala

Kerala HC12 Dec 2014Bail Appl./8172/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed two bail applications. The first accused was granted regular bail, and the second accused, pregnant with a five-month-old infant, was granted anticipatory bail despite allegations of using nudity to intimidate excise officers.

What did the court decide?

Regular bail granted to 1st accused on ₹1 lakh bond; Anticipatory bail granted to 2nd accused on ₹25,000 bond.

Sujatha Binu Vs the State of Kerala — Cheque Dishonour | 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 12TH DAY OF DECEMBER 2014/21ST AGRAHAYANA, 1936

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Bail Appl..No. 8172 of 2014 ()

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CRIME NO. 57/2014 OF ERUMELY EXCISE RANGE, KOTTAYAM DISTRICT

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PETITIONER/2ND ACCUSED:

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SUJATHA BINU, AGED 26 YEARS,W/O. BINU, PALAMOOTTIL HOUSE, KANAMALA.P.O., ARATTUKAYAM, KOTTAYAM.

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BY ADV. SRI.S.NIDHEESH

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RESPONDENT :

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

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BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-12-2014,ALONG WITH BA.NO.8712 OF 2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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B. KEMAL PASHA, J.

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B.A. Nos.8172 & 8712 of 2014

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Dated this the 12^th day of December, 2014

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O R D E R

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~ ~ ~ ~ ~ ~

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B.A.No.8712/2014 is filed under Section 439

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Cr.P.C. and B.A.No.8172/2014 is filed under Section 438 Cr.P.C.

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Petitioner in B.A.No.8712/2014 is the 1^st accused

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and petitioner in B.A.No.8172/2014 is the 2^nd accused in C.R.No.57/2014 of Erumely Excise Range registered for the offences punishable under Sections 55(g) and 61 of the Abkari Act.

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The allegation against the petitioners is that on 30.10.2014 at 11.15 a.m., they were found keeping in their possession at their house a quantity of 109 litres of wash in contravention of the provisions of the Abkari Act. When the excise party attempted to take A1 into custody, A2, who is his wife, removed the top of her gown, thereby becoming

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BA.8172&8712/2014

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: 2 :

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partially nude and intimidated the excise party that they would be trapped in cases relating to sexual offences. In the meantime, the 1^st accused ran away from the spot. Subsequently, the 1^st accused surrendered on 28.11.2014 and thereafter, he has been in custody.

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Heard learned counsel for the petitioners and the learned Public Prosecutor.

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The contents of the CD reveal that the investigation of this case is practically over. No criminal antecedents have been reported against the 2^nd accused. At the same time, it has been reported that A1 is involved in two forest offences. Apart from that, no similar criminal antecedents have been reported against A1 also. Having regard to the period undergone by A1 in custody and the present stage of investigation, I am satisfied that he can be enlarged on bail.

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In the result, B.A.No.8712/2014 is allowed and the petitioner(A1) shall be enlarged on bail on his executing

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BA.8172&8712/2014

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: 3 :

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a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and

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subject to the following terms and conditions:-

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(i) The petitioner(A1) shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays, commencing from 16.12.2014 for a period of six months.

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(ii) The petitioner(A1) shall not tamper with the evidence or influence witnesses.

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(iii) The petitioner(A1) shall make himself available for interrogation as and when required by the Investigating Officer.

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(iv) The petitioner(A1) shall not involve in any offence while on bail.

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It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

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7. Considering the nature of the allegations against

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A2, I am of the view that anticipatory bail can be granted to

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her, by considering the fact that she is the mother of a

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BA.8172&8712/2014

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: 4 :

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feeding baby of around five months.

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In the result, B.A.No.8172/2014 is allowed and

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the investigating officer or such other officer, who is conducting the arrest of the petitioner(A2), is directed to enlarge her on bail in the event of her arrest on her executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-

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(i) The petitio ner(A2) shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays, commencing from 16.12.2014 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(A2) shall not tamper with the evidence or influence witnesses.

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(iii) The petitioner(A2) shall make herself available for interrogation as and when required by the investigating officer.

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(iv) The petitioner(A2) shall not involve in any offence while on bail.

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BA.8172&8712/2014

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: 5 :

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It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of

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bail.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/12/12

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// True Copy //

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PA to Judge

Sujatha Binu v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sujatha Binu v. the State of Kerala

Case brief

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What did the court decide?

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