Allowed

Kotti Shetty, v. State of Kerala

Kerala HC23 Jan 2019Bail Appl./345/2019

Case brief

AI extract

What is this about?

The Kerala High Court allowed a bail application in an Abkari Act case involving possession of Indian Made Foreign Liquor. The court found investigation was practically over and granted bail on conditions regarding jurisdiction, reporting, and non-committing further offences.

What did the court decide?

Petitioner released on bail by executing a bond with two solvent sureties for Rs.30,000 each, subject to specific conditions regarding Jurisdiction, Reporting, and no further offences.

Kotti Shetty, Vs State of Kerala — Narcotics (NDPS) | 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 P.UBAID

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WEDNESDAY,THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940

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Bail Appl..No. 345 of 2019

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AGAINST THE ORDER/JUDGMENT IN CMP 2/2019 of J.M.F.C.,KASARAGOD DATED 08-01-2019

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CRIME NO. 863/2018 OF KASARAGOD POLICE STATION , KASARGOD

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PETITIONER/ACCUSED:

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KOTTI SHETTY, AGED 67 YEARS,

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S/O. THIMMANNA SHETTY, R/AT KUBEHITHILU HOUSE, BALLUR, MOGRAL PUTHUR VILLAGE, KASARAGOD DIST.

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BY ADV. SRI.S.JIJI

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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OTHER PRESENT:

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SMT K K SHEEBA-PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 345 of 2019

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-:2:-

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O R D E R

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The petitioner herein is the sole accused in Crime No.863 of 2018 of Kasaragod Police Station registered under Section 55(a) of the Kerala Abkari Act.

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The prosecution case is that on 23.12.2018 he was found possessing 2.880 litres of Indian Made Foreign Liquor contained in 16 packets, and brought from the State of Karnataka. He was arrested on the spot by the Sub Inspector of Police, and he has been in custody since the date of arrest. He now seeks bail under Section 439 Cr.P.C. This is not simply a case of possession of excess quantity of liquor punishable under 63 of the Kerala Abkari Act because the liquor involved is not Kerala liquor.

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On hearing both sides, and on a perusal of the materials, I find that investigation in this case is practically over, and that the petitioner can be granted bail on conditions.

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Bail Appl..No. 345 of 2019

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-:3:-

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In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for Rs.30,000/-(Rupees thirty thousand only) each to the satisfaction of the trial court. Bail is granted on condition that

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a. The petitioner shall not leave the jurisdictional limits of Kasargod Police Station for three months.

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b. The petitioner shall report before the Station House Officer of the Kasargod Police Station between 10.00 am and 11. am on all Tuesdays for two months.

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c) The petitioner shall not involve in any offence under the Kerala Abkari Act, till trial of the case is over.

Sd/-

P.UBAID

JUDGE

DST

//True copy//

P.A. To Judge

Kotti Shetty, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kotti Shetty, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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