Allowed

Chellamma v. State of Kerala

Kerala HC17 Aug 2016Bail Appl./5134/2016

Case brief

AI extract

What is this about?

In a bail application regarding charge of possessing Indian Made Foreign Liquor, the court granted pre-arrest bail under Section 438 Cr.P.C. due to the police's failure to arrest the accused on the spot and the doubtful circumstances surrounding the possession.

What did the court decide?

Petitioner released on bail with two solvent sureties for Rs. 25,000/- each, subject to reporting and local residence conditions.

Chellamma Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2016)

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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 P.UBAID

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WEDNESDAY, THE 17TH DAY OF AUGUST 2016/26TH SRAVANA, 1938

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Bail Appl..No. 5134 of 2016

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CRIME NO. 130/2016 OF ADOOR EXCISE RANGE OFFICE, PATHANAMTHITTA

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PETITIONER(S)/ACCUSED:

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CHELLAMMA, AGED 65 YEARS, W/O.GOPINATHAN UNNITHAN, THAMARASSERY THARAYIL, MUNNATTUKARA, THENGAMOM, ADOOR.

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BY ADVS.SRI.MANSOOR.B.H. SMT.NITHYA SASI

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RESPONDENT/COMPLAINANT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (THROUGH EXCISE INSPECTOR, ADOOR EXCISE RANGE, ADOOR).

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BY PUBLIC PROSECUTOR SMT REMA.R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.V.

P. UBAID, J

B.A.No.5134 of 2016

Dated this the 17^th day of August, 2016

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O R D E R

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The petitioner herein seeks pre-arrest bail under Section

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438 Cr.P.C., on the apprehension of arrest in Crime No.130/2016 of the Adoor Excise Range, registered under Section 55(I) of the Kerala Abkari Act.

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The prosecution case is that she was found possessing a small quantity of 800 ml of Indian Made Foreign Liquor for the purpose of illicit sale. The police party, who came for search at the house, found the said quantity at the premises of the house, and the liquor was seized as per mahazar. This is not a case where the accused ran off and escaped. The prosecution records reveal that the petitioner was there, when the excise party conducted search and seized the small quantity of liquor. It is a matter for decision whether the petitioner possessed the said quantity of liquor for illicit sale, or for consumption by the inmates of the house. The Excise Inspector, who seized the liquor, does not have any satisfactory explanation for not arresting the petitioner on the spot. Any way, in the particular facts and circumstances,

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B.A.No.5134 of 2016

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where things are doubtful, I feel it appropriate to grant bail to the petitioner. Her interrogation in custody is not felt necessary in the given situation.

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In the result, this application is allowed. The petitioner is ordered to be immediately released on bail on her executing a bond with two solvent sureties for Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction. Bail is granted on condition that,

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a) The petitioner shall report before the

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investigating officer between 10 am. and 11 am on all Tuesdays for a period of six weeks.

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b) The petitioner shall not leave the

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limits of Adoor Excise Range for a period of six weeks.

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c) The petitioner shall not involve in any

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offence under the Kerala Abkari Act, till trial of the case is over.

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Sd/P.UBAID, JUDGE

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// True Copy // P.A. to Judge

Chellamma v. State of Kerala

Case brief

What is this about?

What did the court decide?

Chellamma v. State of Kerala

Case brief

What is this about?

What did the court decide?

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