The High Court allowed the petitioner's application for pre-arrest bail in a case involving unauthorized possession of kerosene and sugar under the Essential Commodities Act, deeming custodial interrogation unnecessary.
Petitioner released on bail by executing a bond with two solvent sureties for Rs. 50,000 each.
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 P.UBAID
FRIDAY, THE 9TH DAY OF SEPTEMBER 2016/18TH BHADRA, 1938
Bail Appl..No. 6032 of 2016 ()
AGAINST THE ORDER IN CRMC 1400/2016 of SESSIONS COURT,THRISSUR CRIME NO. 1396/2016 OF MANNUTHY POLICE STATION , TRISSUR
PETITIONER(S)/IST ACCUSED.:
RAJITHA AGED 43, W/O KATTUNGAL SURESH, P.O MULAYAM, VALAKAVU, NADATHARA, THRISSUR DISTRICT.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S)/STATE OF KERALA:
STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.UBAID, J.
~~~~~~~~~~
B.A No. 6032 of 2016
~~~~~~~~~~~
Dated this the 9th September, 2016
O R D E R
The petitioner herein seeks pre-arrest bail on the apprehension of arrest in connection with Crime No.1396/2016 of the Mannuthy Police Station registered under Sections 3 and 7 of the Essential Commodities Act.
In the result, this petition for pre arrest bail is allowed. The petitioner is ordered to be released on bail on her executing a bond with two solvent sureties for 50,000/-₹
B.A No. 6032 of 2016
2
(Rupees Fifty thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of her arrest in connection with Crime No.1396 of 2016 of the Mannuthy Police Station. Bail is granted on condition that:
a) The petitioner shall report before the investigating officer between 10 am. and 11 am on all Thursdays for a period of two months.
b) The petitioner shall not leave the limits of the Mannuthy Police Station for a period of two months.
c) The petitioner shall not in any manner influence or intimidate the material witnesses, or she shall not have any contact with the material witnesses directly or over telephone or otherwise.
d) The petitioner shall not involve in any office punishable under under the Essential Commodities Act till trial of the case is over.
Sd/- P.UBAID JUDGE
ma
/True copy/
P.S to Judge
3 issues framed by the court
Whether the petitioner is eligible for pre-arrest bail in a prosecution under Sections 3 and 7 of the Essential Commodities Act.
Whether the circumstances justify release on bail with conditions to ensure a fair trial.
What conditions should be imposed on the petitioner to grant bail.
1 provisions across 1 enactments
RAJITHA
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
