Allowed

Mohanan v. Vs the State of Kerala

Kerala HC20 Sept 2016Bail Appl./6760/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted regular bail to an accused charged under the Kerala Abkari Act for possession of arrack, finding that the investigation was practically complete and continued detention was unnecessary.

What did the court decide?

Petitioner released on bail with two solvent sureties for 50,000/- each on conditions of reporting and non-entry into jurisdictional limits.

Mohanan v. Vs the State of Kerala — Bail and Remand | 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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TUESDAY, THE 20TH DAY OF SEPTEMBER 2016/29TH BHADRA, 1938

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Bail Appl..No. 6760 of 2016

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CRIME NO. 130/2016 OF RAJAPURAM POLICE STATION , KASARGOD

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PETITIONER(S)/ACCUSED:

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MOHANAN V. AGED 33 YEARS, S/O.KAMMADAN, RESIDING AT VADAKKUMOOLA VEEDU, VADAKKUMMOOLA, THAYANNUR VILLAGE, VELLARIKKUNDU TALUK, KASARAGOD DISTRICT.

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BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT(S)/STATE: --------------------

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THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031.

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BY PUBLIC PROSECUTOR SRI.SAJJU. S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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- - - - B.A.No. 6760 of 2016

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- - - - Dated this the 20^th day of September, 2016

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ORDER

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The petitioner herein is the sole accused in Crime No. 130 of 2016 of the Rajapuram Police Station, Kasaragod, registered under Section 8 (1) and (2) of the Kerala Abkari Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. This is the petitioner's second application for regular bail. His first application was dismissed by this Court on 1.9.2016.

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The prosecution case is that on 11.8.2016, the petitioner herein was found in possession of 4 litres of arrack. He was arrested on the spot, and the quantity of arrack was seized as per mahazar.

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This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.

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B.A.No. 6760 of 2016

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-2-

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On hearing both sides, and on a perusal of the materials including the case diary and the report of the investigating officer, I find that investigation in this case is practically over, and that the petitioner can be now released on appropriate conditions. I find that the Investigating Officer has already questioned the material witnesses, and has collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioner in custody. No other crime of similar nature is seen reported against the petitioner.

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In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for 50,000/- (Rupees Fifty₹ Thousand only) each to the satisfaction of the learned Magistrate having jurisdiction. Bail is granted on condition that;

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a. The petitioner shall report before the Circle Inspector of Police, Hosdurg, between

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B.A.No. 6760 of 2016

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-3-

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10.00 a.m. and 11 a.m. on all Mondays for a period of two months.

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b. The petitioner shall not enter the

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jurisdictional limits of Rajapuram Police Station for two months.

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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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Forward a copy of this order to the Circle Inspector of Police, Hosdurg, who will report compliance of the conditions to the learned Magistrate.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

Mohanan v. Vs the State of Kerala

Case brief

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Mohanan v. Vs the State of Kerala

Case brief

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