Allowed

Binu, S/O.Rajan v. State of Kerala

Kerala HC15 Dec 2014Bail Appl./8384/2014

Case brief

AI extract

What is this about?

This court allowed a bail application under Section 438 Cr.P.C. The petitioners were accused of toddy manufacture punishable under the Abkari Act. The court held that saccharine found in the sample was not a noxious substance and granted anticipatory bail.

What did the court decide?

Petitioners enlarged on bail by executing a bond of Rs. 1,00,000 with two sureties each for the same amount.

Binu, S/O.Rajan 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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MONDAY, THE 15TH DAY OF DECEMBER 2014/24TH AGRAHAYANA, 1936

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Bail Appl.No. 8384 of 2014

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CRIME NO. 178/2014 OF KARUNAGAPPALLY EXCISE RANGE OFFICE, KOLLAM

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PETITIONER(S)/ACCUSED NOS 1 & 2:

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-----------------------------------------------------

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1. BINU, AGED 39 YEARS,

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S/O. RAJAN, SUNIL BHAVANAM, KALLELIBHAGOM MURI,

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KALLELIBHAGOM VILLAGE, KARUNAGAPPALLY TALUK.

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2. RAMANAN, AGED 48 YEARS, S/O. RAMAKRISHNAN, KARUNALAYAM THEKKETHIL HOUSE,

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PRAYAR THEKKU MURI, CLAPPANA VILLAGE,

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KARUNAGAPPALLY TALUK.

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BY ADV. SRI.NIREESH MATHEW

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RESPONDENT(S)/COMPLAINANT:

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-----------------------------------------------

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

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BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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B.KEMAL PASHA, J.

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

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B.A. No.8384 of 2014

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

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Dated this the 15^th day of December, 2014

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O R D E R

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Petition under Section 438 Cr.P.C.

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Petitioners are A1 and A2 in C.R. No.178 of

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2014 of Karunagappally Excise Range, registered for the

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offences punishable under Sections 56(b) and 57(a) of the Abkari Act.

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It seems that sample of toddy was collected from T.S.No.33/2014-15 of Karunagappally Excise Range, and on chemical analysis, it was found

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containing saccharine.

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B.A.No.8384 of 2014

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-: 2 :-

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Heard the learned counsel for the petitioners

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and the learned Public Prosecutor.

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Saccharine is nothing, but a crude form of sugar.

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The sample did not contain any noxious substance, other than saccharine, which could not be treated as a noxious substance. It is not a tranquilizer also. As no other noxious substance was present in toddy, this Court is of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.

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In the result, this bail application is allowed and the investigating officer or such other officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for ₹1,00,000/(Rupees one lakh 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

B.A.No.8384 of 2014

-: 3 :-

conditions:-

(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays, commencing commencing from 18.12.2014 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 petitioners shall not tamper with the evidence or influence witnesses.

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(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.

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

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It is made clear that the violation of any of the

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conditions stipulated above will result in the cancellation

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of bail.

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Sd/-

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B. KEMAL PASHA JUDGE

DSV/15/12

// True Copy //

P.A. To Judge

B.A.No.8384 of 2014

-: 4 :-

Binu, S/O.Rajan v. State of Kerala

Case brief

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Binu, S/O.Rajan v. State of Kerala

Case brief

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