Shaiju S Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1156250
CourtKerala High Court
Decided OnJul-14-2014
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantShaiju S
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph monday, the14h day of july201423rd ashadha, 1936 bail appl..no. 5200 of 2014 () ------------------------------- cmp16082014 of j.m.f.c.-ii,trivandrum crime no. 885/2014 of valiyathura police station, thiruvanandapuram -------------- petitioner(s)/accused :- ------------------------ shaiju s aged37years s/o. sivadasan, perunkuzhy charuvila veedu azhoor village, chrayinkil taluk. by advs.sri.n.dharmadan (sr.) smt.d.p.renu respondent(s)/complainants/state :- -------------------------------------- 1. state of kerala represented by the public prosecutor high court of kerala, ernakulam-682031.2. sub inspector of police, valiyathura police station thiruvananthapuram-695011. by public prosecutor sri.v.s.sreejith this bail application having come up for admission on1407-2014, the court on the same day passed the following: jvt thomas p. joseph, j.~~~~~~~~~~~~~~~~ b.a. no.5200 of 2014 ~~~~~~~~~~~~~~~~ dated this the 14th day of july 2014 order petitioner is the accused in crime no.885 of 2014 of valiyathura police station for offences punishable under secs. 55 (a) and (i) of abkari act for alleged possession and sale of about 5 litres of toddy without licence on 29.6.2014, was arrested on that day, is in custody since then and seeks bail.2. i have heard the learned public prosecutor and the learned counsel.3. learned counsel has brought to my notice annexure - iii dated 26.6.2014 calling upon the petitioner to execute agreement for issue of licence for conducting toddy shop nos.4, 6, 7, 8, 10, 11 of group no.ii of thiruvananthapuram range as those shops are auctioned in favour of the petitioner for 2014- 2015 and annexure-iv, order dated 25.6.2014 entrusting toddy shops aforesaid to the petitioner for 2014-2017. petitioner is not reported to be involved in any other case. having regarding to b.a. no.5200 of 2014 -:2. :- the circumstances, i am inclined to think that further custody of the petitioner is not required. hence, i am inclined to grant bail but subject to conditions. application is allowed as under :- (i) petitioner is granted bail in crime no.885 of 2014 of valiyathura police station and shall be released (if not required to be detained otherwise) on his executing bond for 25,000/- (rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions :- (a) one of the sureties shall be a close relative of the petitioner. (b) petitioner shall report to the officer investigating the case on every alternate saturday between 3 p.m. and 4 p.m. for a period of two months or until final report is filed, whichever is earlier. (c) petitioner shall report to the officer investigating the case as and when required for interrogation. (d) petitioner shall not get involved in any offence during the period of this bail. b.a. no.5200 of 2014 -:3. :- (e) petitioner shall not intimidate or influence the witnesses. (f) in case the petitioner violates any of conditions (b) to (e), it is open to the investigating officer to move the learned magistrate until committal of the case if any and thereafter before the principal sessions judge concerned for cancellation of the bail as held in p.k.shaji v. state of kerala [air2006sc100. sd/- thomas p. joseph, judge. //true copy// p.a. to judge jvt
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE14H DAY OF JULY201423RD ASHADHA, 1936 Bail Appl..No. 5200 of 2014 () ------------------------------- CMP16082014 of J.M.F.C.-II,TRIVANDRUM CRIME NO. 885/2014 OF VALIYATHURA POLICE STATION, THIRUVANANDAPURAM -------------- PETITIONER(S)/ACCUSED :- ------------------------ SHAIJU S AGED37YEARS S/O. SIVADASAN, PERUNKUZHY CHARUVILA VEEDU AZHOOR VILLAGE, CHRAYINKIL TALUK. BY ADVS.SRI.N.DHARMADAN (SR.) SMT.D.P.RENU RESPONDENT(S)/COMPLAINANTS/STATE :- -------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

2. SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION THIRUVANANTHAPURAM-695011. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1407-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt THOMAS P. JOSEPH, J.

~~~~~~~~~~~~~~~~ B.A. No.5200 of 2014 ~~~~~~~~~~~~~~~~ Dated this the 14th day of July 2014 ORDER

Petitioner is the accused in Crime No.885 of 2014 of Valiyathura Police Station for offences punishable under Secs. 55 (a) and (i) of Abkari Act for alleged possession and sale of about 5 litres of toddy without licence on 29.6.2014, was arrested on that day, is in custody since then and seeks bail.

2. I have heard the learned Public Prosecutor and the learned counsel.

3. Learned counsel has brought to my notice Annexure - III dated 26.6.2014 calling upon the petitioner to execute agreement for issue of licence for conducting Toddy Shop Nos.4, 6, 7, 8, 10, 11 of Group No.II of Thiruvananthapuram Range as those shops are auctioned in favour of the petitioner for 2014- 2015 and Annexure-IV, order dated 25.6.2014 entrusting toddy shops aforesaid to the petitioner for 2014-2017. Petitioner is not reported to be involved in any other case. Having regarding to B.A. No.5200 of 2014 -:

2. :- the circumstances, I am inclined to think that further custody of the petitioner is not required. Hence, I am inclined to grant bail but subject to conditions. Application is allowed as under :- (i) Petitioner is granted bail in Crime No.885 of 2014 of Valiyathura Police Station and shall be released (if not required to be detained otherwise) on his executing bond for 25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions :- (a) One of the sureties shall be a close relative of the petitioner. (b) Petitioner shall report to the officer investigating the case on every alternate Saturday between 3 p.m. and 4 p.m. for a period of two months or until final report is filed, whichever is earlier. (c) Petitioner shall report to the officer investigating the case as and when required for interrogation. (d) Petitioner shall not get involved in any offence during the period of this bail. B.A. No.5200 of 2014 -:

3. :- (e) Petitioner shall not intimidate or influence the witnesses. (f) In case the petitioner violates any of conditions (b) to (e), it is open to the investigating officer to move the learned magistrate until committal of the case if any and thereafter before the Principal Sessions Judge concerned for cancellation of the bail as held in P.K.Shaji v. State of Kerala [AIR2006SC100. Sd/- THOMAS P. JOSEPH, JUDGE. //TRUE COPY// P.A. TO JUDGE Jvt