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John Mathai @ John Vs. State of Kerala

John Mathai @ John vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2013
~2 min read
https://sooperkanoon.com/case/1016577

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

John Mathai @ John

Respondent

State of Kerala

Excerpt

.....petitioner had no authority or license for keeping such liquor and his interrogation revealed that it was kept for sale after purchase from the 2nd accused. crime registered against both the accused is now pending investigation, and 2nd accused is yet to be apprehended. petitioner after his arrest and production before the magistrate was remanded to judicial custody.2. his detention continues from 01.06.2013 is canvassed by counsel for releasing him on bail, submitting that he is innocent. in case he is released on bail, adequate conditions be imposed to secure his presence for investigation/trial, is the submission of learned public prosecutor. considering the submissions made petitioner is directed to be released on bail subject to following conditions: b.a.no.5236 o”2. 1. petitioner shall execute a bond for rs.15,000/- (rupees fifteen thousand only) with two solvent sureties for the like sum, by each of them, to the satisfaction of the judicial first class magistrate-thiruvalla.2. petitioner shall report before the investigating officer, once in a week, on every monday, at a time between 10:00 a.m. and 11:00 a.m, for a period of four weeks or till completion of investigation of the crime, whichever is earlier. sd/- s.s.satheesachandran, judge //true copy// p.a to judge dg

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN TUESDAY,THE 30TH DAY OF JULY 2013 8TH SRAVANA, 1935 Bail Appl..No. 5236 of 2013 () ----------------------------------------- CRIME NO. 533/2013 OF PULIKEEZHU POLICE STATION , PATHANAMTITTA PETITIONER/ACCUSED A1: ---------------------------------------- JOHN MATHAI @ JOHN, AGED40 YEARS, S/O.MATHI, PALLUPADAVIL HOUSE, NIRANAM WEST MURI, NIRANAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R BY PUBLIC PROSECUTOR, SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No.5236 of 2013 ----------------------------------- Dated this the 30th day of July, 2013 ORDER Petitioner is the 1st accused in crime No.533/2013 of Pulikeezhu Police Station registered for offences punishable under Sections 55 (a) and (i) of Abkari Act. Allegation is that in a raid conducted over the residential building of petitioner, four litres of spirit stored therein was detected. Petitioner had no authority or license for keeping such liquor and his interrogation revealed that it was kept for sale after purchase from the 2nd accused. Crime registered against both the accused is now pending investigation, and 2nd accused is yet to be apprehended. Petitioner after his arrest and production before the magistrate was remanded to judicial custody.

2. His detention continues from 01.06.2013 is canvassed by counsel for releasing him on bail, submitting that he is innocent. In case he is released on bail, adequate conditions be imposed to secure his presence for investigation/trial, is the submission of learned Public Prosecutor. Considering the submissions made petitioner is directed to be released on bail subject to following conditions: B.A.No.5236 o”

2. 1. Petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum, by each of them, to the satisfaction of the Judicial First Class Magistrate-Thiruvalla.

2. Petitioner shall report before the investigating officer, once in a week, on every Monday, at a time between 10:00 a.m. and 11:00 a.m, for a period of four weeks or till completion of investigation of the crime, whichever is earlier. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE DG

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