Allowed

Deepak.M.G v. State of Kerala

Kerala HC11 Jan 2018Bail Appl./62/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by Deepak.M.G., an accused under the Abkari Act. Considering the quantity of liquor seized and the period of detention, the Court ruled that further detention was not warranted and granted bail.

What did the court decide?

Released on bail subject to execution of bond with two solvent sureties, appearance before Investigating Officer on Saturdays, and adherence to standard bail conditions regarding witness intimidation

Deepak.M.G Vs State of Kerala — Narcotics (NDPS) | 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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THURSDAY, THE 11TH DAY OF JANUARY 2018 / 21ST POUSHA, 1939

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Bail Appl..No. 62 of 2018

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CRIME NO. 698/2017 OF BADIADKA POLICE STATION , KASARAGOD DISTRICT

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PETITIONER/ACCUSED:

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DEEPAK.M.G., S/O.GOVINDA MOOLYA, AGED 24 YEARS, RESIDING AT CHAKKOTTACHAL HOUSE, BADOOR VILLAGE, MANJESWAR TALUK, KASARAGOD DISTRICT.

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BY ADVS.SRI.I.V.PRAMOD

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SRI.K.V.SASIDHARAN

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RESPONDENT/COMPLAINANT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 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 11-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sdr/-

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RAJA VIJAYARAGHAVAN V, J.

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B.A.No.62 of 2018

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Dated this the 11^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.698 of 2017 of the Badiadka Police Station, registered alleging offence punishable under Section 8(1) and (2) of the Abkari Act.

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3.On 19.12.2017 at 9.15 p.m., the petitioner, while traveling in a motor cycle, was intercepted by the Sub Inspector of Badiadka Police Station. On search it was revealed that he was having in his possession 25 bottles of 180 ml capacity of Indian Made Foreign Liquor meant for sale in the State of Karnataka. A total quantity of about 4.5 litres of alcohol was seized from his possession. He was arrested on the same day itself and was later remanded to judicial custody.

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4.The learned counsel prays and the said prayer is opposed by

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B.A.No.62 of 2018 2

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the learned Public Prosecutor. However, it is submitted that the petitioner has no prior criminal antecedents.

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5.I have considered the submissions advanced. Having regard to the period of detention undergone, the quantity of contraband seized and other facts and circumstances, it does not appear to me that further detention of the petitioner is warranted.

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6.In the result, this petition is allowed. However, it shall be subject to 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 11 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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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the

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B.A.No.62 of 2018 3

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application for cancellation, if any, and pass appropriate

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orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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//True Copy\

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P.A to Judge

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IAP

Deepak.M.G v. State of Kerala

Case brief

What is this about?

What did the court decide?

Deepak.M.G v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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