Lalitha vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2021

~2 min read

https://sooperkanoon.com/case/1653761

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/1653761
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jul 30, 2021
Case Number: Bail Appl./5324/2021

Parties & Advocates

Appellant / Petitioner

Lalitha

Respondent

State of Kerala

Excerpt

.....utensils for making arrack. thus, offence under sections 8(1) and (2) and 55(g) of the abakri act have been invoked. now apprehending arrest, she has moved this court.3. i heard counsel on both sides.4. the petitioner does not have criminalantecedents. she is a 65 year old lady. the contraband has already been seized under a mahazar. in the nature of the allegations, her custodial interrogation is not necessary. moreover, offence under sections 8(1) and 55(g) of the abkari act do not postulate any statutory minimum substantive sentence and hence the embargo -3- under section 41a of the abkari act is not attracted. therefore, the petitioner shall be at liberty to surrender before the investigating officer within ten days from today and will make herselfavailable for interrogation; in the event of arrest, she shall be released on bail on executing bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer; she shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail. this bail application is allowed as above. sd/- k.haripal judge nkr/30.07.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 BAIL APPL. NO. 5324 OF 2021 CRIME NO.17/2020 OF KAZHAKUTTOM EXCISE RANGE, THIRUVANANTHAPURAM PETITIONER/ACCUSED: LALITHA AGED 65 YEARS D/O.SAVITHRI, KURAVILAKATHU HOUSE, KATTAIKKONAM P.O., AYIROOPPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV SHAJIN S.HAMEED RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. BY ADV. SMT. SREEJA V., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

O R D E R

This is an application filed under Section 438 of the Cr.P.C.

2. Petitioner is the accused in crime No.17/2020 of Kazhakuttom Excise range, which was registered on 01.04.2020, after seizing six litres of arrack and also utensils for making arrack. Thus, offence under Sections 8(1) and (2) and 55(g) of the Abakri Act have been invoked. Now apprehending arrest, she has moved this Court.

3. I heard counsel on both sides.

4. The petitioner does not have criminal

antecedents. She is a 65 year old lady. The contraband has already been seized under a mahazar. In the nature of the allegations, her custodial interrogation is not necessary. Moreover, offence under Sections 8(1) and 55(g) of the Abkari Act do not postulate any statutory minimum substantive sentence and hence the embargo -3- under Section 41A of the Abkari Act is not attracted. Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make herself

available for interrogation; in the event of arrest, she shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; she shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail. This bail application is allowed as above. Sd/- K.HARIPAL JUDGE nkr/30.07.2021

Same Court & Year Kerala · 2021 Same Parties Lalitha vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal