Allowed

Bosco v. the State of Kerala

Kerala HC24 Mar 2017Bail Appl./998/2017

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed by the accused accused under Sections 3 read with 7 of the Essential Commodities Act for possession of sugar, granting bail on her own bonds with notice to appear for interrogation.

What did the court decide?

Bail allowed subject to execution of a bond for Rs.25,000/- with two solvent sureties and compliance with specific conditions.

Bosco Vs the State of Kerala — Narcotics (NDPS) | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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FRIDAY, THE 24TH DAY OF MARCH 2017/3RD CHAITHRA, 1939

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Bail Appl..No. 998 of 2017 ()

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CRIME NO.61/2017 OF ANTHIKAD POLICE STATION, THRISSUR.

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PETITIONER/SOLE ACCUSED:

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BOSCO, AGED 53, S/O.VARKEY, VADAKKAN HOUSE, P.O ANTHIKKAD, THRISSUR DISTRICT.

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENT/STATE OF KERALA:

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THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, ANTHIKAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT 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 24-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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K.ABRAHAM MATHEW, J.

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B.A.No. 998 of 2017

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Dated this the 24^th day of March, 2017

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ORDER

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Petition filed under Section 438 Cr.P.C.

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Petitioner is the accused in Crime No.61 of 2017 of Anthikad

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Police Station registered for the offence under Section 3 r/w Section 7 of the Essential Commodities Act. The allegation is that on 10.1.2017 he

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was found to be in possession of 14 bags of sugar weighing 15 Kgms each and 36.700 Kgms of sugar without any bill or invoice. It is alleged that the sugar was meant to be supplied through ration shop. Learned counsel submits that the allegation is false.

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

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The petitioner is a shop owner. The quantity of the sugar seized from him is not huge. It is not known how one can identify the sugar that is supplied through ration shop. Merely because the petitioner could not produce the bill for the purchase of the sugar kept in his shop the court cannot jump to the conclusion that there is a prima facie case

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against him. So I am inclined to grant his prayer.

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In the result, this Bail Application is allowed.

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i. The petitioner shall be released on bail

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B.A.No. 998 of 2017 2

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after interrogation on his executing a bond for Rs.25,000/-

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(Rupees Twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the investigating officer in connection with this case.

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ii. He shall appear before the investigating for interrogation if he is so required by him in writing.

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iii. He shall not intimidate or attempt to influence

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the witnesses, nor shall he get himself involved in any other criminal case.

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iv. He shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

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If he surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

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In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.

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K.ABRAHAM MATHEW JUDGE

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Bosco v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Bosco v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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