Allowed

Valsalan Nair.T.v v. State of Kerala

Kerala HC24 Jan 2017Bail Appl./252/2017

Case brief

AI extract

What is this about?

In this bail application under Section 439(1) Cr.P.C., the High Court of Kerala allowed the petition for an accused charged under the Abkari Act for transporting IMFL. Considering the period of custody and lack of necessity for further detention, bail was granted with specific conditions.

What did the court decide?

Petitioner released on bail on bond of Rs. 50,000 with two solvent sureties; conditions imposed regarding appearance and conduct.

Valsalan Nair.T.v Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

TUESDAY, THE 24TH DAY OF JANUARY 2017/4TH MAGHA, 1938

¶5

Bail Appl..No. 252 of 2017 () -----------------------------CRIME NO. 2/2017 OF BANDADKA EXCISE RANGE, KASARGOD DISTRICT

¶6

PETITIONER(S)/ACCUSED:

¶7

VALSALAN NAIR.T.V.,

¶8

AGED 47 YEARS, S/O VASUDEVAN NAIR, THAKIDIYIL HOUSE, MATTAKKARA DESOM, AKALAKUNNAM VILLAGE, KIDANGOOR, KOTTAYAM DISTRICT.

¶9

BY ADV. SRI.NIREESH MATHEW

¶10

RESPONDENT(S)/COMPLAINANT:

¶11

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

¶12

BY PUBLIC PROSECUTOR SRI.SAJJU S.

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

¶15

K.ABRAHAM MATHEW, J.

¶16

B.A.No.252 of 2017

¶17

Dated this the 24^th day of January, 2017

¶18

ORDER

¶19

Petition filed under Section 439(1) Cr.P.C.

¶20

Petitioner is the accused in C.R.No.2 of 2017 of Bandadka Excise Range registered for the offences under Sections 58 and 67B of the Abkari Act.

¶21

The prosecution case is that the petitioner was found transporting 4.5 litres of Indian Made Foreign Liquor, which was

¶22

meant for sale only in Karnataka State.

¶23

Learned counsel submits that taking into consideration the period of custody, he may be granted bail.

¶24

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

¶25

The petitioner has been in custody since 5.1.2017. He is not involved in any other case. His further detention is not necessary for completion of the investigation.

¶26

In the result, this Bail Application is allowed.

¶27

B.A.No.252 of 2017 2

¶28

i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

¶29

ii. He shall appear before the Investigating Officer on first and third Saturdays between 2 p.m. and 3 p.m. for three months or till the final report is filed, whichever is earlier.

¶30

iii. He shall not commit any offence under the Abkari Act or under the N.D.P.S.Act while he is on bail.

¶31

iv. He shall not threaten or attempt to influence the witnesses, nor shall he destroy or attempt to destroy the evidence or interfere with the investigation.

¶32

v. If the petitioner violates any of the above conditions the court of enquiry /trial court is empowered to cancel the bail in accordance with the law.

¶33

Sd/-

¶34

K.ABRAHAM MATHEW, JUDGE

¶35

¶36

/True copy/

¶37

P.A. to Judge

Valsalan Nair.T.v v. State of Kerala

Case brief

What is this about?

What did the court decide?

Valsalan Nair.T.v v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri. Suresh Kumar Vs State of Kerala

Nikhil @ Ganapathy Vs State of Kerala

Savad K.M Vs State of Kerala

Tomi Rafel Vs State of Kerala

Baiju.C.Andrews Vs Sub Inspector of Police

Ratheesh Vs State of Kerala