Kerala High Court
Bail Appl./8836/2018 of JOHN @ THRAVU JOHN Vs STATE OF KERALA, on 28 December 2018
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY , THE 28TH DAY OF DECEMBER 2018 / 7TH POUSHA, 1940 Bail Appl..No. 8836 of 2018 AGAINST THE ORDER/JUDGMENT IN CMP 1538/2018 of J.M.F.C., SASTHAMCOTTA CRIME NO. 76/2018 OF SASTHAMCOTTA EXCISE RANGE
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY ,THE 28TH DAY OF DECEMBER 2018 / 7TH POUSHA, 1940
Bail Appl..No. 8836 of 2018
AGAINST THE ORDER/JUDGMENT IN CMP 1538/2018 of J.M.F.C.,SASTHAMCOTTA
CRIME NO. 76/2018 OF SASTHAMCOTTA EXCISE RANGE
PETITIONER/S/ACCUSED:
JOHN @ THARAVU JOHNAGED 62 YEARSS/O.ABRAHAM, JINCY BHAVANAM, NADUVILE MURI, SOORANAD SOUTH, PATHARAM.P.O., KOLLAM DISTRICT, PIN-690522.
S/O.ABRAHAM, JINCY BHAVANAM, NADUVILE MURI, SOORANAD
BY ADV. SRI.P.V.DILEEP
RESPONDENT/S/COMPLAINANT:
STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.
BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
The petitioner is the accused in Crime No.
76/2018 of Sasthamcotta Excise Range
registered for the offence punishable underSection 55(i) of the Abkari Act, on the allegationthat on 15.12.2018 at about 7.15 p.m., thepetitioner was found in possession of 800 ml ofIndian Made Foreign Liquor for the purpose ofsale in contravention of the provisions of theAbkari Act. The petitioner was arrested from thespot.
2. Heard.
3. The learned Public Prosecutor has no
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serious objection in allowing this application.The petitioner is aged 62 years.
4. Considering the facts and circumstances of the case, including the age of the petitionerand the quantity of the contraband seized andalso taking into consideration of the fact that thecontraband seized was Indian Made ForeignLiquor, I am inclined to grant bail to thepetitioner.
In the result, this bail application stands allowed and the petitioner shall be enlarged onbail on condition of the petitioner executing abond for Rs.40,000/- (Rupees Forty ThousandOnly) with two solvent sureties, each for the like sum to the satisfaction of the trial court and on further condition that the petitioner shall report before the Investigating Officer, as and whenrequired by the Investigating Officer forinterrogation.
RK/28.12.2018
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
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