Kerala High Court
Bail Appl./8736/2010 of MANI Vs STATE OF KERALA on 31 December 2010
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 31ST DECEMBER 2010 / 10TH POUSHA 1932 Bail Appl..No. 8736 of 2010() ----------------------------- (CRIME NO. 15 OF 2010 OF CHAVAKKAD EXCISE RANGE) PETITIONER/ACCUSED
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
FRIDAY, THE 31ST DECEMBER 2010 / 10TH POUSHA 1932
Bail Appl..No. 8736 of 2010()
-----------------------------
(CRIME NO. 15 OF 2010 OF CHAVAKKAD EXCISE RANGE)
PETITIONER/ACCUSED
--------------------------------------
MANI, W/O. KRISHNAN THARAYIL VEETIL,
AKALAD DESOM, PUNNAYUR VILLAGE,
CHAVAKKAD THALUK.
BY ADV. SRI.M.PREMCHAND
RESPONDENT(S): COMPLAINANT
--------------------------
STATE OF KERALA, REPRESENTED BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY P.P. SRI. C.M.NAZAR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD
ON 31/12/2010, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
P.Q. BARKATH ALI, J.
=~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~==
B.A. No. 8736 of 2010
=~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~==Dated this the 31[st] day of December, 2010Dated this the 31[st] day of December, 2010
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
This is a bail application filed by the accused in CrimeNo.15 of 2010 of of Chavakkad Excise Range under section439 of the Cr.P.C.
2. The allegation against the petitioner is that on May17, 2010 he was found in possession of 2 litres of IndianMade Foreign Liquor for sale and that thereby committedoffences punishable under sections 55(a) & (i) of the AbkariAct.
3. The petitioner was arrested on December 23, 2010and she is in remand thereafter. The learned Magistratedismissed her bail application finding that if she wasreleased on bail, she will repeat similar offence.
4. It is alleged in the petition that the petitioner isinnocent of the offence alleged against her and that if sheis released on bail, she is prepared to abide by any BA 8736/2010
conditions that may be imposed by this Court.
5. Heard learned counsel for the petitioner and the learned Public Prosecutor. This petition is opposed by thelearned Public Prosecutor.
6. The petitioner is a lady aged 50. Further the quantity involved in this case is only 2 litres of Indian MadeForeign Liquor. Permissible quantity of Indian MadeForeign Liquor that can be possessed by a person is 3.5litres as seen from S.R.O. No.127/99 dated 5-2-1999, thenotification issued by the State Government under sections10 and 13 of the Abkari Act. Further, investigation of thiscase is almost over and main witnesses have already beenquestioned. Therefore, I feel that the petitioner can bereleased on bail, but subject to conditions.
7. In the result, the petition is allowed. The petitionershall be released on bail on her executing a bond forRs.25,000/- with two solvent sureties for like sum each tothe satisfaction of the trial court on the followingconditions:- mn
1) The petitioner shall report before theInvestigating Officer on all Mondaysbetween 10 a.m and 11 a.m.Investigating Officer on all Mondaysbetween 10 a.m and 11 a.m.
2) The petitioner shall not commit similaroffence while on bail.offence while on bail.
3) Petitioner shall co-operate with theinvestigation and shall not intimidatethe witnesses.investigation and shall not intimidatethe witnesses.
4) If the petitioner violates any of theconditions mentioned above, lowercourt can cancel her bail. conditions mentioned above, lowercourt can cancel her bail.
P.Q. BARKATH ALI, JUDGE.