Devadasan vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 30, 2019

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Citation: sooperkanoon.com/1911558
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Anil Kumar
Decided On: Apr 30, 2019
Case Number: Bail Appl./2957/2019

Parties & Advocates

Appellant / Petitioner

Devadasan

Respondent

State of Kerala

Excerpt

.....by the public prosecutor, high court of kerala, ernakulam. sri c n prabhakaran-pp this bail application having come up for admission on 30.04.2019, the court on the same day passed the following:o r d e rthe petitioner is the accused in crime no.24/2019 of mannarkkad excise range for offences punishable under sections 8(1) & (2) of kerala abkari act.2. the prosecution case is that on 07.03.2019at about 06.05 p.m., the accused was found transporting 1.5 litres of arrack in a scooty near karakurussi, mannarkkad taluk. petitioner was arrested from the spot and was remanded to judicial custody. he seeks bail. 3. heard both sides. considering the fact that the petitioner hasbeen in judicial custody since 07.03.2019 and that his presence is not required in connection with the further investigation, bail is granted to the petitioner on the following conditions:(i) petitioner shall execute a bond for a sum of ₹50,000/- (rupees fifty thousand only) with two sureties for the like sum to the satisfaction of the jurisdictional court.(ii) he shall appear before theinvestigating officer as and when called for. (iii)he shall not threaten, coerce or intimidate the de facto complainant and the witnesses nor shall he interfere in the process of investigation. (iv)if the petitioner violates any of the conditions of bail, it is open to the court having jurisdiction over the case to cancel his bail without any further orders from this court but in accordance with law.sd/- n.anil kumar, judge pn

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.ANIL KUMAR TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941 AGAINST THE ORDER IN CMP 1384/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS, MANNARKKAD DATED 01-04-2019 AGAINST THE ORDER IN BAIL APPL. 2556/2019 OF HIGH COURT CRIME NO. 24/2019 OF MANNARKKAD EXCISE RANGE OFFICE, PALAKKAD PETITIONER/ACCUSED: DEVADASAN AGED 39 YEARS S/O. AYYAPPAN K, KANNAYIL VEEDU, VAZHEMPURAM, KARAKURUSSI, MANNARKKAD, PALAKKAD DIST. BY ADV. SRI.T.K.SANDEEP RESPONDENT/COMPLAINANT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI C N PRABHAKARAN-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

The petitioner is the accused in Crime No.24/2019 of Mannarkkad Excise Range for offences punishable under Sections 8(1) & (2) of Kerala Abkari Act.

2. The prosecution case is that on 07.03.2019

at about 06.05 p.m., the accused was found transporting 1.5 litres of arrack in a scooty near Karakurussi, Mannarkkad Taluk. Petitioner was arrested from the spot and was remanded to judicial

  custody.     He seeks bail.
       3.    Heard both sides.
       Considering        the   fact      that     the     petitioner         has

been in judicial custody since 07.03.2019 and that his presence is not required in connection with the further investigation, bail is granted to the petitioner on the following conditions:

(i) Petitioner shall execute a bond for a sum of ₹50,000/- (Rupees Fifty thousand only) with two sureties for the like sum to the satisfaction of the jurisdictional Court.

(ii) He shall appear before the

Investigating Officer as and when called for. (iii)He shall not threaten, coerce or intimidate the de facto complainant and the witnesses nor shall he interfere in the process of investigation. (iv)If the petitioner violates any of the conditions of bail, it is open to the Court having jurisdiction over the case to cancel his bail without any further orders from this Court but in accordance with law.

Sd/- N.ANIL KUMAR, JUDGE Pn

Same Court & Year Kerala · 2019 Same Parties Devadasan vs State of Kerala Same Judge Honourable Mr.Justice N.Anil Kumar