Allowed

Gireesh v. State of Kerala

Kerala HC12 Jan 2018Bail Appl./77/2018

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC for offences under the Abkari Act involving possession of 5 litres of arrack, the High Court of Kerala allowed the petition. The court noted the investigation was in its final stages and granted bail subject to standard conditions.

What did the court decide?

Petitioner released on bail on bond of Rs. 30,000 with two sureties, subject to conditions of appearance, non-interference, and not leaving the country.

Gireesh 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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FRIDAY, THE 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939

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Bail Appl..No. 77 of 2018

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CRIME NO.167/2017 OF BALUSSERY EXCISE RANGE OFFICE, KOZHIKODE

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PETITIONER/ACCUSED:

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GIREESH, S/O.ERAYI, PARACHALIL HOUSE, KANTHALAD AMSOM, THALAYAD DESOM, THAMARASSERY.

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BY ADVS.SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE

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RESPONDENTS:

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

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2. EXCISE INSPECTOR, BALUSSERY EXCISE RANGE, KOZHIKODE 693612.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V, J.

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B.A.No.77 of 2018

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Dated this the 12^th day of January, 2018

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ORDER

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

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2.The petitioner herein is the accused in Crime No.167 of 2017 of the Balussery Excise Range, registered alleging offence punishable under Sections 8(1) & (2) of the Abkari Act.

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3.On 24.12.17 at 7.30 pm, the petitioner herein was allegedly intercepted by the Excise Inspector, Balussery Excise Range and he was found having in his possession 5 litres of arrack. He was arrested on the same day itself. He is now in judicial custody.

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4.Learned counsel appearing for the petitioner prays for his release on bail.

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5.Learned Public Prosecutor opposed the prayer. However, he submits that he is not a person with criminal antecedents.

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6.I have considered the submissions advanced. It appears from

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the case diary that the investigation is in the final stages.

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7.Having regard to the nature and gravity of the allegations, the stage of investigation, the quantity of alcohol seized and

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B.A.No.77 of 2018 2

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other facts and circumstances, it does not appear to me that

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further detention of the petitioner is warranted.

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8.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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6). The petitioner shall not leave the country without the previous permission of the court having jurisdiction.

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In case of violation of any of the above conditions, the

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jurisdictional Court shall be empowered to consider the

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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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IAP //True Copy\ P.A to Judge

Gireesh v. State of Kerala

Case brief

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Gireesh v. State of Kerala

Case brief

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