Allowed

Shanavas.a v. the State of Kerala

Kerala HC21 May 2019Bail Appl./2500/2019

Case brief

AI extract

What is this about?

This is an order granting pre-arrest bail to the third accused in a case involving alleged supply of rice and wheat in contravention of the Essential Commodities Act and Kerala Rationing Order, finding prima facie insufficient evidence regarding Public Distribution System intent.

What did the court decide?

Pre-arrest bail on a bond of Rs.30,000 with two solvent sureties, subject to conditions including reporting to the I.O.

Shanavas.a Vs the State of Kerala — Cheque Dishonour | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 21ST DAY OF MAY 2019 / 31ST VAISAKHA, 1941

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Bail Appl..No. 2500 of 2019

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CRIME NO. 328/2019 OF Vallikunnam Police Station , Alappuzha

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PETITIONER/ACCUSED NO.3:

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SHANAVAS.A AGED 42 YEARS S/O.ALIYAR, 'DARUL AMAN', PEROORKARAZHMA, THAMARAKKULAM, ALAPPUZHA DISTRICT.

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BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU

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RESPONDENT/COMPLAINANT:

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

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SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2500 of 2019

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O R D E R

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The petitioner is the 3^rd accused in Crime

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No.328/2019 of Vallikunnam Police Station registered for the offence punishable under Section 3 read with Section 7 of the Essential Commodities Act and Section 5(4) of Kerala Rationing Order, 1966.

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The prosecution allegation is that on 27.03.2019 at 3.30 a.m., 28 sacks of rice and 2 sacks of wheat, intended to be distributed through the Public Distribution System, were found transporting in a vehicle bearing registration No.KL-23-H-6299 in contravention of the provisions of law. The 1^st and the 2^nd accused were arrested from the spot. The above said consignment was intended to be supplied to A4. The 3^rd accused had procured the above said consignment for supplying to A4.

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Bail Appl..No. 2500 of 2019

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The petitioner has filed this application under

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Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted

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that the petitioner is not involved in any other offence of similar nature. The learned counsel for the petitioner has submitted that the materials seized were not materials intended to be supplied through the Public Distribution System and hence no offence as alleged is attracted in this case. It appears that apart from the report of the Rationing Officer, there is absolutely no material before the court to show that the materials seized were intended to be distributed through the Public Distribution System. Since the materials were already seized, no further recovery is to be effected. Therefore, the custodial interrogation of the petitioner is not necessary in this case. That apart, the petitioner has no criminal antecedent. In the said circumstances, I am inclined to

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Bail Appl..No. 2500 of 2019

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grant pre-arrest bail to the petitioner.

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In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in connection with Crime No.328/2019 of Vallikunnam Police Station, on condition of the petitioner executing a bond for Rs.30,000/(Rupees thrity thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer of Vallikunnam Police Station, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:

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(i) The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

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(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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Bail Appl..No. 2500 of 2019

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(iii) The petitioner shall not get involved in any similar offence during the pendency of this case.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/21.05.19

Shanavas.a v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Shanavas.a v. the State of Kerala

Case brief

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What did the court decide?

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