Single judge allowed bail to the sole accused charged under Section 8(1) & 8(2) of Kerala Abkari Act for possessing 500ml of arrack, subject to sureties and conditions.
Release on execution of sum of 40,000/- each with two solvent sureties for like sum.
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 SUNIL THOMAS
FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937
Bail Appl..No. 30 of 2016 ()
CRIME NO. 795/2015 OF POTHUKAL POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/ACCUSED :
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CHANDRASHEKARAN, AGED 50 YEARS, S/O.RAMANKUTTY, KALIYAPARAMBIL HOUSE, THUDIMUTTY, BOODHANAM P. O., NILAMBUR TALUK, MALAPPURAM DISTRICT
BY ADV. SRI.U.K.DEVIDAS
RESPONDENT/COMPLAINANT :
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STATE OF KERALA REP BY THE SUB INSPECTOR OF POLICE, POTHUKALLU POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
BY PUBLIC PROSECUTOR SMT.R. REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
SUNIL THOMAS, J.
B.A.No.30 of 2016
Dated this the 8th day of January, 2016
ORDER
The petitioner is the sole accused in Crime No.795/2015 of Pothukallu Police Station for offence punishable under Sections 8(1), 8(2) of Kerala Abkari Act.
application. However, it is submitted that he has not involved in any other case. Having regard to the entire facts and circumstances of the case, including the less quantity of the arrack involved, I am inclined to grant bail to the petitioner, subject to the following conditions:
(a) The petitioners shall appear before the
Investigating Officer within 10 days from
B.A.No.30 of 2016
2
today and offer for interrogation. Thereafter, they shall be released on executing a sum of `40,000/- (Rupees forty thousand only) each with two solvent sureties for the like sum.
(b) The petitioner shall not get involved in any other identical offence, and the involvement if any, will be a ground for seeking cancellation of bail.
The bail application is allowed.
Sd/- SUNIL THOMAS, JUDGE
//TRUE COPY//
P.A TO JUDGE
AD
1 issue framed by the court
Whether bail should be granted to the accused charged under Sections 8(1) and 8(2) of Kerala Abkari Act for possession of arrack.
1 provisions across 1 enactments
Chandrashekarman
State
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
