Allowed

Shinoj K G v. State of Kerala

Kerala HC28 Sept 2016Bail Appl./6888/2016

Case brief

AI extract

What is this about?

Bail application allowed for accused charged under Kerala Abkari Act for transporting arrack. Investigation deemed practically complete. Petitioner released on bond with sureties, security deposit, and specific reporting and abstinence conditions.

What did the court decide?

Petitioner released on executing bond with two sureties and depositing ₹20,000 as security, subject to reporting and abstinence conditions.

Shinoj K G 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 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938

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Bail Appl..No. 6888 of 2016 ()

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CRIME NO.399/2016 OF BEDAKAM POLICE STATION, KASARAGOD.

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PETITIONER/ACCUSED:

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SHINOJ. K.G., AGED 27 YEARS, S/O.GANGADHARAN NAIR, R/AT KALLARATH HOUSE, MUNNAD VILLAGE, KASARAGOD DIST.

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BY ADV. SRI.KODOTH SREEDHARAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BEDAKAM POLICE STATION, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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P.UBAID, J.

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B.A No.6888 of 2016

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Dated this the 28^th day of September, 2016

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O R D E R

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The petitioner herein is the accused in Crime No.399/2016 of the Bedakam Police Station, registered under Section 8(2) of the Kerala Abkari Act. This is his second application for regular bail under Section 439 of the Code of Criminal Procedure. His first application was dismissed by this Court on 5.9.2016. The petitioner has been in judicial custody since 16.8.2016.

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The prosecution case is that on 13.8.2016 the petitioner was found transporting 4.5 litres of arrack in a Car bearing No.KL14/S 3844. The said car collided with a motor cycle at about 9.45 pm at Kolathur. Just after the incident, the petitioner ran off from the locality. When the police inspected the vehicles after the incident, they found a can containing 4.5 litres of arrack in the Car of the petitioner herein. Accordingly, this crime was registered against him and on 16.8.2016 he was arrested by the police.

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This application for regular bail is opposed by

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B.A No.6888 of 2016 2

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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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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. However, some reasonable conditions for bail are felt necessary in the particular facts and circumstances. 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 10 am

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B.A No.6888 of 2016

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and 11 am on all Tuesdays for a period of two months.

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b. The petitioner shall not enter the limits of

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Bedakam Police Station for two months.

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c. The petitioner shall not involve in any offence under the Kerala Abkari Act till trial of the case is over.

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e. The petitioner shall make a security deposit of 20,000/- (Rupees twenty thousand only)₹ in the court below as a further condition for bail. The amount of security deposit will be released on conclusion of trial. It will be subject to forfeiture in case of absence during trial without sufficient reason.

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

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Sd/P.UBAID JUDGE //True Copy//

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P.A to Judge

Shinoj K G v. State of Kerala

Case brief

What is this about?

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Shinoj K G v. State of Kerala

Case brief

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