Allowed

Shebin v. State of Kerala

Kerala HC24 Mar 2021Bail Appl./1770/2021

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC regarding alleged transportation of tobacco for sale to juveniles, the court granted pre-arrest bail observing no reason to decline it prima facie. The petitioner must surrender within two weeks.

What did the court decide?

Bail granted on surrender within two weeks or on arrest post-interrogation via bond of Rs.50,000 with two sureties for similar amounts.

Shebin Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2021)

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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 ASHOK MENON

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WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

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Bail Appl.No.1770 OF 2021

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CRIME NO.509/2020 OF Kuttipuram Police Station , Malappuram

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PETITIONER/S:

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SHEBIN

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AGED 32 YEARS, SON OF MAIKKAN, OLIKKAL HOUSE, KARIMPUZHA, ELAMBULASSERI PO, OTTAPPALAM TALUK, PALAKKAD DISTRICT – 678595.

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BY ADV. SRI.P.M.ZIRAJ

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RESPONDENT/S:

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

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2 THE SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STAION, MALAPPURAM DISTRICT.

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BY SMT.V.SREEJA-PP

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OTHER PRESENT:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.1770 OF 2021

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O R D E R

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Dated this the 24th day of March 2021

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This is an application for anticipatory bail under

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Section 438 of the Cr.P.C.

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The applicant is the 2nd accused in Crime

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No.509/2020 of Kuttippuram Police Station for having allegedly committed the offences punishable under Section 118(1) of the Kerala Police Act; under Section 6 of Cigarettes and other Tobacco Products (Prohibition

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of Advertisement and Regulation of Trade and Commerce Production, Supply and Distribution) Act 2003; and

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under Section 77 of the Juvenile Justice (Care and

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Protection of Children) Act, 2015.

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The prosecution case, in brief, is that on

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23.12.2020 at about 6.30 PM the accused in this crime

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were allegedly engaged in loading the tobacco products from one vehicle to another vehicle with the intention

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Bail Appl.No.1770 OF 2021

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to sell the same to juveniles. In connection with the

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above, the 1st accused was arrested from the spot and thereafter the applicant, who was the owner of one of the lorry, was implicated as an accused.

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The applicant states that he has no direct or

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indirect knowledge about his vehicle being used for any

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illegal activities. He is a person who offers his lorry for hire for transporting goods, and therefore, he cannot be held responsible for the alleged act of

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transporting tobacco products, because he has not specifically authorised the transportation of illegal products. The applicant has no criminal antecedents,

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and therefore, he seeks pre-arrest bail. Accused 5, 6

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and 7, who are the owners of the other vehicles involved in this crime, were already granted anticipatory bail by this Court, and therefore, being similarly placed, the applicant also seeks bail.

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Heard the learned Counsel for the applicant and

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the learned Public Prosecutor.

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Bail Appl.No.1770 OF 2021

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The learned Public Prosecutor admits that the applicant has no criminal antecedents. He is the owner of one of the vehicles which were involved in the alleged act, and therefore, custodial interrogation of the applicant may not be required. The burden of the prosecution is to prove whether the particular act of transporting illegal goods was with the knowledge and consent of the applicant for which trial will have to be conducted. Prima facie , I find no reason to decline pre-arrest bail to the applicant.

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Resultantly, the bail application is allowed and

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the applicant is directed to surrender before the investigating officer within two weeks. In the event of arrest, after interrogation and recovery, if any, the applicant shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

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Bail Appl.No.1770 OF 2021

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(i) He shall not influence or intimidate witnesses or tamper with evidence;

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(ii) He shall appear before the investigating officer as and when called and shall cooperate with the investigation; and

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(iii) During the bail period, he shall not get involved in any similar offences.

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cancellation of the bail before the jurisdictional court.

Sd/-

ASHOK MENON

JUDGE

dkr

Shebin v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shebin v. State of Kerala

Case brief

What is this about?

What did the court decide?

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