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Radha Vs. State of Kerala

Radha vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 29, 2013
~2 min read
https://sooperkanoon.com/case/1016629

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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

Radha

Respondent

State of Kerala

Excerpt

.....dated this the 29th day of july, 2013 order petitioner is the accused in crime no.140 of 2012 of excise range, karthikappally, alappuzha district. allegation is that she was found in possession of 1 litre of arrack without authority or license, at about 4.15.p.m.on 05.12.2012 by an excise party. petitioner surrendered before the magistrate on 16.07.2013 and was remanded to judicial custody, which still continues.2. after hearing the submissions made by counsel on both sides, i find petitioner can be released on bail, at tis stage, subject to the following conditions :- i. petitioner shall execute a bond for rs.10,000/- (rupees ten thousand only) with two solvent sureties for the like sum by each of them to the satisfaction of the judicial first class magistrate (i), harippad. ii. petitioner shall report before the investigating officer at 10.00. a.m. next monday after her release from custody, to facilitate her interrogation for the purpose of investigation in the crime. iii. petitioner shall not commit any similar abkari offence while she continues on bail in the present crime. iv. if petitioner fails to abide the condition imposed for b.a.no.5243 o”2. her appearance, or commits breach of the condition imposed over commission of similar offence, it will be open to the magistrate/ sessions judge to revoke her bail without any further orders from this court, but, in accordance with law. petition is allowed. sd/- s.s.satheesachandran, judge true copy p.a.to judge rkm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 29TH DAY OF JULY 2013 7TH SRAVANA, 1935 Bail Appl..No. 5243 of 2013 () ------------------------------- AGAINST THE ORDER/JUDGMENT IN CMP 3746/2013 of J.M.F.C., HARIPAD CRIME NO. 140/2012 OF KARTHIKAPPALLY EXCISE RANGE OFFICE, ALAPPUZHA PETITIONER/ ACCUSED : ----------------------- RADHA, AGED 4 YEARS, W/O. SATHEESAN, KARUMALIYILCHIRAYIL, KARUVATTA NORTH MURI, KARUVATTA VILLAGE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT-690517. BY ADV. SRI.ARUN CHANDRAN RESPONDENTS/ COMPLAINANTS/ STATE: ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682031.

2. THE EXCISE INSPECTOR, KARTHIKAPPALLY, ALAPPUZHA DISTRICT-690514. BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKM S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No.5243 of 2013 ----------------------------------- Dated this the 29th day of July, 2013 ORDER Petitioner is the accused in Crime No.140 of 2012 of Excise Range, Karthikappally, Alappuzha District. Allegation is that she was found in possession of 1 litre of arrack without authority or license, at about 4.15.p.m.on 05.12.2012 by an excise party. Petitioner surrendered before the magistrate on 16.07.2013 and was remanded to judicial custody, which still continues.

2. After hearing the submissions made by counsel on both sides, I find petitioner can be released on bail, at tis stage, subject to the following conditions :- i. Petitioner shall execute a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties for the like sum by each of them to the satisfaction of the Judicial First Class Magistrate (I), Harippad. ii. Petitioner shall report before the investigating officer at 10.00. a.m. next Monday after her release from custody, to facilitate her interrogation for the purpose of investigation in the crime. iii. Petitioner shall not commit any similar abkari offence while she continues on bail in the present crime. iv. If petitioner fails to abide the condition imposed for B.A.No.5243 o”

2. her appearance, or commits breach of the condition imposed over commission of similar offence, it will be open to the magistrate/ sessions judge to revoke her bail without any further orders from this court, but, in accordance with law. Petition is allowed. Sd/- S.S.SATHEESACHANDRAN, JUDGE True Copy P.A.to Judge RKM

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