This order grants bail to the accused charged under Section 55(i) of the Abkari Act for alleged illegal sale of IMFL, subject to a bond of Rs.40,000 and two sureties along with specific non-interference conditions.
The Bail Application is allowed subject to execution of a bond for Rs.40,000 with two sureties for like sum each.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937
Bail Appl..No. 1878 of 2016 ()
CRIME NO. 17/2016 OF KILIMANOOR EXCISE RANGE OFFICE, THIRUVANANDAPURAM DISTRICT
PETITIONER/ACCUSED :
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R.S VINOD, AGED 55 YEARS, S/O. SIVADASAN, AMALEKH BHAVAN, VARTHOOR DESOM, KILIMANOOR VILLAGE, CHIRAYINKEEZHU TALUK, THRIUVANANTHAPURAM DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENTS/STATE/COMPLAINANT :
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HGIGH COURT OF KERALA, ERNAKULAM.
2. THE EXCISE INSPECTOR, KILIMANNOOR EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT.
BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
SUNIL THOMAS, J
B.A.NO. 1878 OF 2016
Dated this the 14th day of March, 2016
O R D E R
The petitioner is the sole accused in Crime No.17/2016 of Kilimanoor Excise Range Office for the offences punishable under Section 55(i) of Abkari Act.
about 10.15 am, the petitioner herein was found in possession of 1.4 litres of IMFL. He was arrested from the spot, on an allegation that he was in the process of sale of IMFL. He is in custody since then.
accused is not involved in any other case. The question whether he was in the process of sale is a matter to be established from the attending circumstances, at the time of evidence. Having regard to these facts, I am inclined to grant bail to the petitioner, subject to the following conditions:-
(i) Petitioner shall execute a bond for a sum of
2
B.A.NO. 1878 OF 2016
Rs.40,000/- (Rupees forty thousand only) with two
sureties for the like sum each to the satisfaction of the jurisdictional Court.
(ii) He shall appear before the Investigating Officer as and when called for.
(iii) He shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall he interfere in the process of investigation.
(iv) He shall not get involved in any other identical
offences.
The Bail Application is allowed.
sd/- SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
1 issue framed by the court
Whether bail should be granted to the accused in proceedings under Section 55(i) of the Abkari Act
1 provisions across 1 enactments
R.S Vinod
State of Kerala
The Excise Inspector, Kilimanoor Excise Range
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
