Kerala High Court
Bail Appl./8870/2017 of LATHA Vs STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 Bail Appl..No. 8870 of 2017 () ------------------------------- CRIME NO.117/2017 OF EXCISE RANGE OTTAPPALAM, PALAKKAD DISTRICT. .... PETITIONER/ACCUSED:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
Bail Appl..No. 8870 of 2017 () ------------------------------- CRIME NO.117/2017 OF EXCISE RANGE OTTAPPALAM, PALAKKAD DISTRICT.....
PETITIONER/ACCUSED:
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LATHA, AGED 50 YEARS, W/O.RAVI, MEPPADATHPADINJAREKKARA VEEDU,PALLARMANGALAM, OTTPPALAM,PALAKKAD DISTRICT.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, KOCHI-682031.
PUBLIC PROSECUTOR SMT.B.SREEJA
mbr/
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.NARAYANA PISHARADI, J===================
B.A. No.8870 of 2017
=======================Dated this the 29[th] day of December, 2017
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ORDER
This is an application for bail filed under Section439 Cr.P.C.
2. The petitioner is the accused in the case registered as Crime No.117/2017 of the Excise Range,Ottappalam under Section 8(1) read with 8(2) of theAbkari Act. The prosecution case is that on 14.12.2017,at about 6.45 a.m, the excise party concerned found thepetitioner in possession of 1.5 litres of arrack at the placePallarmangalam.
3. Heard the learned counsel for the petitioner andthe learned Public Prosecutor.
4. The petitioner is in judicial custody from14.12.2017 onwards. Material part of the investigationshould have been completed by this time. At any rate,continued detention of the petitioner in jail is not
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necessary to complete the investigation in an effectivemanner. The quantity of arrack seized from thepossession of the petitioner is only 1.5 litres. Consideringthese aspects, I find that bail can be granted to thepetitioner on appropriate conditions.
5. In the result, the application is allowed asfollows. The petitioner shall be released on bail on thefollowing conditions.
In the result, the application is allowed as
1) The petitioner shall execute a bond for`25,000/- with two solvent sureties each for thelike amount to the satisfaction of the Magistrate'sCourt concerned.
2) The petitioner shall report before theInvestigating Officer on all Mondays and Thursdaysbetween 9.a.m and 11.a.m for a period of twomonths after being released on bail.
3) The petitioner shall make herself available forinterrogation as and when required by theInvestigating Officer in writing to do so.
4) The petitioner shall not influence or intimidatethe prosecution witnesses. She shall not makeany attempt to tamper with the evidence in thecase.
vgd
5) The petitioner shall not commit any offenceunder the Abkari Act while he is on bail in thiscase.
6) If the petitioner violates any of the conditionsof bail, it is open to the Court having jurisdictionover the case to cancel her bail without anyfurther orders from this Court but in accordancewith law.
Sd/-
R.NARAYANA PISHARADI JUDGE