Ragini vs State of Kerala

Type Court Judgment Court Kerala Decided May 28, 2021

~2 min read

https://sooperkanoon.com/case/1637078

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1637078
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: May 28, 2021
Case Number: Bail Appl./3595/2021

Parties & Advocates

Appellant / Petitioner

Ragini

Respondent

State of Kerala

Excerpt

.....residence for the purpose of sale, in contravention of the provisions of the abkari act.2. the petitioner has filed this application under section 438 cr.p.c.3. heard.4. the learned public prosecutor has -3-no serious objection in allowing this application. it has been submitted by the learned public prosecutor that thepetitioner is not involved in any other offence of similar nature. considering thefacts and circumstances of the case,including the submission of the learned public prosecutor and also taking into consideration of the fact that thecontraband seized is indian made foreign liquor, i am inclined to grant pre-arrest bail to the petitioner. in the result, this bail application stands allowed and the petitioner shall be enlarged on bail in the event of her arrest in the above said crime, on -4- condition of the petitioner executing a bond for rs.35,000/- (rupees thirty five thousand only), with two solvent sureties, each for the like sum to the satisfaction of the station house officer concerned, before whom the petitioner shall surrender within twenty days, if not arrested in the meantime and subject to the following further conditions:1. the petitioner shall report before the investigating officer as and when required by the investigating officer for interrogation.2. the petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation. -5-3. the petitioner shall not get involved in any other offence during the pendency of this case. sd/- b. sudheendra kumar, judge stk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943 CRIME NO.141/2020 OF Ezhukone Excise Range Office, Kollam PETITIONER/S: RAGINI AGED 57 YEARS THODIYIL VEEDU, VELIYAM PADINJATTINKARA DESOM, VELIYAM VILLAGE, KOTTARAKARA., PIN - 691540 BY ADV K.V.ANIL KUMAR RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

O R D E R

The petitioner is the accused in Crime No.141 of 2020 of Ezhukone Excise Range registered for the offence punishable under Section 55(i) of the Abkari Act on the allegation that on 1.12.2020 at about 7.10 p.m., the petitioner was found in possession of one litre of Indian Made Foreign liquor in his residence for the purpose of sale, in contravention of the provisions of the Abkari Act.

2. The petitioner has filed this application under Section 438 Cr.P.C.

3. Heard.

4. The learned Public Prosecutor has -3-

no      serious           objection          in    allowing      this
application.                  It has been submitted by the
learned             Public           Prosecutor         that      the

petitioner is not involved in any other offence of similar nature. Considering the

facts and circumstances of the case,

including            the       submission         of   the    learned
Public         Prosecutor            and     also      taking    into
consideration                  of     the     fact       that     the

contraband seized is Indian Made Foreign liquor, I am inclined to grant pre-arrest bail to the petitioner. In the result, this bail application stands allowed and the petitioner shall be enlarged on bail in the event of her arrest in the above said crime, on -4- condition of the petitioner executing a bond for Rs.35,000/- (Rupees thirty five thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioner shall surrender within twenty days, if not arrested in the meantime and subject to the following further conditions:

1. The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

2. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation. -5-

3. The petitioner shall not get involved in any other offence during the pendency of this case. Sd/- B. SUDHEENDRA KUMAR, JUDGE STK

Same Court & Year Kerala · 2021 Same Parties Ragini vs State of Kerala Same Judge Honourable Mr. Justice B.Sudheendra Kumar