Allowed

Victor v. State of Kerala

Kerala HC23 Aug 2022Bail Appl./2463/2022

Case brief

AI extract

What is this about?

Hon "Justice VIJU ABRAHAM allowed Victor's application for anticipatory bail in a case involving offences under the Essential Commodities Act, 1955. The petitioner was directed to surrender by a specific date, execute a bond, and adhere to conditions regarding investigation interference and avoiding new crimes.

What did the court decide?

Application allowed; petitioner directed to surrender by 30.08.2022, execute bond of Rs.50,000/- with two sureties, and comply with investigation conditions.

Victor Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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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 VIJU ABRAHAM

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TUESDAY, THE 23^RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944 BAIL APPL. NO. 2463 OF 2022

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CRIME NO.1218/2021 OF KALADY POLICE STATION

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PETITIONER:

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VICTOR

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AGED 58 YEARS, KOLENCHERRY HOUSE, NEELESWARAM PO, KOTTAMAM, ERNAKULAM, PIN - 683574 BY ADV O.D.SIVADAS

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 2. THE STATION HOUSE OFFICER KALADY POLICE STATION, ERNAKULAM DISTRICT, PIN – 683574

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BY ADV

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PP - SRI. M.C.ASHI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

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ON 23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

B.A. No.2463 of 2022

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VIJU ABRAHAM, J.

= = = = = = = = = = = = = = = = = = = =

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B.A. No.2463 of 2022

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= = = = = = = = = = = = = = = = = = = = Dated this the 23^rd day of August, 2022

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O R D E R

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This is an application for Anticipatory Bail.

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The petitioner is the sole accused in Crime No.1218/2021 of Kalady Police Station alleging commission of offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955.

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The prosecution case is that, On the basis of wrong information, the police conducted a search on 3.10.2021 in the petitioner’s yard and seized about 422 litres of petroleum products “diesel” and thereby committed the aforesaid offences.

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The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and that the fuel waste was purchased from a dealer supported by proper bill.

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Heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the

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B.A. No.2463 of 2022

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.. 3 ..

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result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 30.08.2022, at 11 a.m. and in the event of arrest of the petitioner in Crime No.1218/2021 of Kalady Police Station, the petitioner shall be produced before the jurisdictional magistrate on the same day and shall be released on bail, subject to the following conditions:-

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(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with

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two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;

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(ii) Petitioner shall appear before the investigating officer in Crime No.1218/2021 of

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Kalady Police Station as and when summoned to do so;

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(iii) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.1218/2021 of Kalady Police Station ;

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(iv) Petitioner shall not involve in any other crime while on bail.

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B.A. No.2463 of 2022

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.. 4 ..

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1218/2021 of Kalady Police Station may file an application before the jurisdictional Court, for cancellation of bail.

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It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State(NCT of Delhi) and another(2020(1)KHC 663).

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Sd/-

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VIJU ABRAHAM, JUDGE

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ded/23.08.2022

Victor v. State of Kerala

Case brief

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Victor v. State of Kerala

Case brief

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