Allowed

Sugathan v. State of Kerala

Kerala HC7 Jan 2016Bail Appl./8364/2015

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the sole accused in an excise offence. The court considered the petitioner's age, the substantial completion of investigation, and his limited recent criminal history before imposing standard bail conditions.

What did the court decide?

Bail granted to the petitioner on a bond of 40,000/- with two sureties, subject to conditions of non-violation of similar offenses and non-intimidation of witnesses.

Sugathan Vs 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 SUNIL THOMAS

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THURSDAY, THE 7TH DAY OF JANUARY 2016/17TH POUSHA, 1937

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Bail Appl..No. 8364 of 2015

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CRIME NO. 201/2015 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT.

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PETITIONER/ACCUSED:

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SUGATHAN, AGED 55 YEARS, S/O.GOPALAN, SARASWATHY BHAVANAM, AMBAKAR GRAMAM, VENGARA MURI, KALLELIBHAGAM, KARUNAGAPPALLY, KOLLAM DISTRICT.

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BY ADVS. SRI.BINU GEORGE SMT.HEMALATHA

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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SUNIL THOMAS, J.

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B. A. No. 8364 of 2015

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Dated this the 7^th day of January, 2016

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O R D E R

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The petitioner is the sole accused in Crime No.201/2015 of Karunakapilly Excise Range for offences punishable under Section 55(i) of the Kerala Abkari Act.

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According to the prosecution, on 16.12.2015 at about 8.00 p.m., the petitioner herein was found in possession of 900 ml of Indian Made Foreign Liquor, which was intended for sale. He was arrested at the spot after preparation of the contemporaneous documents. He is in custody since then and seeks bail.

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Heard and examined the records.

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The learned Public Prosecutor submitted that the

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petitioner is involved in five other crimes and that even when the bail was granted in the earlier crimes, condition was imposed that he shall not get involved in any other crimes. However, it appears that all the above cases were during the period of 2007-2014.

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Considering this fact as well as the fact that the accused is aged 55 years and has been in custody since 16.12.2015 and the further fact that the substantial part of the

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B. A. No. 8364 of 2015

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investigation is over with the search and seizure, I am inclined to grant bail to the petitioner on the following conditions:

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(i) The petitioner shall execute a bond for a sum of 40,000/- (Rupees forty thousand₹ only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) He shall not get involved in any other case of identical nature, the violation of which may entail cancellation of the bail. (iii) He shall not threaten, coerce or intimidate the witnesses.

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Sd/-

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SUNIL THOMAS, JUDGE.

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/true copy/

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P. A. to Judge

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Sugathan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sugathan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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