Bhadran vs State of Kerala

Type Court Judgment Court Kerala Decided May 14, 2019

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Citation: sooperkanoon.com/1917117
Court: Kerala High Court
Judge: Honourable Mr. Justice a.M.Babu
Decided On: May 14, 2019
Case Number: Bail Appl./3309/2019

Parties & Advocates

Appellant / Petitioner

Bhadran

Respondent

State of Kerala

Excerpt

.....petitioner and sri.amjad ali, the learned public prosecutor.4. the petitioner has been in custody since 24.3.2019. hiscontinued custody does not appear to be necessary for completion of the investigation. the learned public prosecutor submits that the petitioner has been an accused in nine more cases. according to the learned counsel for the petitioner, the petitioner was acquitted in three of the cases. these are not matters much relevant at present. however, considering the alleged bad antecedents of the petitioner, he shall report to the investigating officer for a period of minimum three months.5. the application is allowed. the petitioner shall bereleased on bail on his executing a bond for rs 50,000/- (fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court in whose custody the petitioner is. he shall co-operate with the investigation. he shall make himself available for interrogation as and when required. he shall report to the investigating officer between 10.00 am and 11.00 am on every sunday for a period of three months or till the filing of the final report, whichever is later. the petitioner shall not intimidate or try to influence witnesses. nor shall he destroy or tamper with evidence. the court concerned is hereby empowered to cancel the bail in accordance with law in the event of violation of any of the conditions mentioned above.sd/- a.m.babu judge mrcs/14.5.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.M.BABU TUESDAY, THE 14TH DAY OF MAY 2019 / 24TH VAISAKHA, 1941 Bail Appl..No. 3309 of 2019 CRIME NO. 30/2019 OF Nooranad Excise Range Office , Alappuzha PETITIONER/ACCUSED BHADRAN, AGED 50, S/O. GANGADHARAN, AMBADIYIL VEEDU, KANNANKUZHY MURI, THAMARACKULAM VILLAGE, MAVELIKARA, ALAPPUZHA DISTRICT-690101. BY ADVS. SRI.OMAR SALIM KUM. K. REMIYA RAMACHANDRAN SRI.ABDULLA ZIYAD RESPONDENTS/STATE 1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM-682031. 2 EXCISE INSPECTOR , NOORANADU EXCISE RANGE, ALAPPUZHA DISTRICT, KERALA-690504. OTHER PRESENT: P.P -SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

1. Bail is sought. It is sought under Sec.439 of Cr.P.C. Petitioner is the accused in crime No.30/2019 of Nooranadu excise range. He allegedly committed an offence punishable under Sec.8 of the Abkari Act.

2. The prosecution case goes as follows : The offence was detected at 7.00 am on 24.3.2019. The petitioner was found carrying arrack. From him was seized five litres of arrack.

3. Heard Kumari K.Remiya Ramachandran, the learned counsel for the petitioner and Sri.Amjad Ali, the learned public prosecutor.

4. The petitioner has been in custody since 24.3.2019. His

continued custody does not appear to be necessary for completion of the investigation. The learned public prosecutor submits that the petitioner has been an accused in nine more cases. According to the learned counsel for the petitioner, the petitioner was acquitted in three of the cases. These are not matters much relevant at present. However, considering the alleged bad antecedents of the petitioner, he shall report to the investigating officer for a period of minimum three months.

5. The application is allowed. The petitioner shall be

released on bail on his executing a bond for Rs 50,000/- (fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court in whose custody the petitioner is. He shall co-operate with the investigation. He shall make himself available for interrogation as and when required. He shall report to the investigating officer between 10.00 am and 11.00 am on every Sunday for a period of three months or till the filing of the final report, whichever is later. The petitioner shall not intimidate or try to influence witnesses. Nor shall he destroy or tamper with evidence. The court concerned is hereby empowered to cancel the bail in accordance with law in the event of violation of any of the conditions mentioned above.

Sd/- A.M.BABU JUDGE Mrcs/14.5.

Same Court & Year Kerala · 2019 Same Parties Bhadran vs State of Kerala Same Judge Honourable Mr. Justice a.M.Babu