The High Court of Kerala allowed bail to the petitioner, an accused in possession of illicit liquor under the Kerala Abkari Act, granting conditional release with sureties and reporting requirements.
The petitioner is released on bail upon executing a bond with two solvent sureties for Rs. 30,000 each, subject to reporting and movement restrictions.
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 23RD DAY OF SEPTEMBER 2016/1ST ASWINA, 1938
Bail Appl..No. 6839 of 2016
CRIME NO. 148/2016 OF KOTTARAKKARA EXCISE RANGE OFFICE , KOLLAM
PETITIONER(S)/ACCUSED. :
UDAYAKUMAR, AGED 45 YEARS, S/O. VASUDEVAN PILLAI, VADAKKEVILA PUTHEN VEEDU, ANNUR, NEDUVATHOOR VILLAGE, KOTTARAKKARA TALUK.
BY ADV. SRI.ALEXANDER GEORGE
RESPONDENT(S)/COMPLAINANT/STATE.:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN- 682031.
2. THE EXCISE INSPECTOR, KOTTARAKKARA EXCISE RANGE, KOTTARAKKARA, KOLLAM DISTRICT, PIN- 691 506.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
P.UBAID, J.
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B.A No.6839 of 2016
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Dated this the 23rd day of September, 2016
O R D E R
The petitioner herein is the sole accused in Crime No.148/2016 of the Kottarakkara Excise Range, registered under Section 55(i) of the Kerala Abkari Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate I, Kottarakkara. The petitioner has been in judicial custody since 5.9.2016.
B.A No.6839 of 2016 2
trial whether it was possessed for own consumption, or for the purpose of illicit sale.
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 30,000/- (Rupees thirty thousand only)₹ each to the satisfaction of the learned Magistrate having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the Investigating Officer between 10.00 am and 11 am on all Thursdays for a period of two months.
b.The petitioner shall not leave the limits of Kottarakkara Excise Range for two months.
c.The petitioner shall not involve in any offence under the Kerala Abkari Act till trial of the case is over.
Sd/P.UBAID JUDGE
//True Copy//
P.A to Judge
ab
1 issue framed by the court
Whether regular bail should be granted to the accused petitioner already in judicial custody.
2 provisions across 2 enactments
UDAYAKUMAR
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
