Allowed

Dasan v. State of Kerala

Kerala HC10 Jan 2018Bail Appl./39/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, in a bail application filed under Section 439 CrPC, enlarged the petitioner on bail in an FIR under Section 55(i) of the Abkari Act for selling Indian Made Foreign Liquor, subject to specific conditions.

What did the court decide?

Petitioner enlarged on bail subject to bond of Rs.30,000 with two sureties, appearance before IO on Saturdays, and compliance with other conditions.

Dasan Vs State of Kerala — Bail and Remand | Kerala HC (2018)

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 10TH DAY OF JANUARY 2018 / 20TH POUSHA, 1939

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Bail Appl..No. 39 of 2018

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CRIME NO. 288/2017 OF SASTHAMCOTTA EXCISE RANGE, KOLLAM

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PETITIONER(S)/ACCUSED :

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DASAN, AGED 47 YEARS, S/O. SUKUMARAN, ANU NIVAS, PADINJATTIN KIZHAKKU MURI, SOORANADU NORTH VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT.

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BY ADVS.SRI.BINU GEORGE

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SMT.HEMALATHA

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RESPONDENT(S)/STATE :

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

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BY PUBLIC PROSECUTOR SRI.B.JAYASURYA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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RAJA VIJAYARAGHAVAN V, J

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B.A No. 39 of 2018

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Dated this the 10^th day of January, 2018

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ORDER

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1.This petition is filed under Section 439 of the Code of Criminal Procedure.

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2.The petitioner herein is the sole accused in Crime No.288 of 2017 of Sasthamcotta Excise Range, registered alleging offence punishable under Section 55(i) of the Abkari Act.

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3.According to the prosecution, on 26.12.2017 at 8.00p.m., the petitioner was found engaged in the sale of Indian Made Foreign Liquor. He was apprehended and on search 600 ml of IMFL together with some cash was seized from his possession.

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4.The learned counsel appearing for the petitioner submits that the petitioner was arrested on 27.12.2017 and is now in judicial custody.

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5.The learned Public Prosecutor has opposed the prayer.

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6.I have considered the submissions. It is not reported that the petitioner is a person with prior criminal antecedents.

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7.Having regard to the period of detention undergone, the stage of investigation, the quantity of contraband seized and other facts and circumstances, I am of the view that the petitioner

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B.A No. 39 of 2018

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can now be enlarged on bail. However, it shall be subject to

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the following conditions:

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1). The petitioner shall be released on bail on his executing a bond for Rs.30,000/(Rupees Thirty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

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2). The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for 2 months or till final report is filed, whichever is earlier.

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3). The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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4). The petitioner shall not commit any offence while he is on bail.

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5). The petitioner shall not leave the country without the permission of the concerned Court.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE

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AD //TRUE COPY// P.A TO JUDGE

Dasan v. State of Kerala

Case brief

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Dasan v. State of Kerala

Case brief

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