Sharmila A v. The Station House Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937 Bail Appl..No. 4342 of 2015 ------------------------------------- CRIME NO. 35/2015 OF KUMBALA EXCISE RANGE OFFICE , KASARGOD ----------------------- PETITIONER/ACCUSED:
--------------------------------- SHARMILA A, AGED 33 YEARS W/O.VISHWANATHAN.J, SREE KURGGA NILAYAM, NARASANNA COLONY, NAVODAYA NAGAR, MEENJA VILLAGE, MANJESHWAR TALUK, KASARAGOD.
BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE:
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1. THE STATION HOUSE OFFICER, KUMBLA EXCISE RANGE, KASARAGOD DISTRICT-671321.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4342 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the accused in Crime No.35 of 2015 of Kumbla Excise range, Kasaragod District. She is alleged to have committed the offence under Section 55 (a) of the Abkari Act.
3.
The prosecution case is that she was found transporting 17 bottles of Indian Made Foreign Liquor each containing 180 ml.
4.
Heard.
5.
She has been in custody since 09.07.2015. Her further detention is not necessary for competition of the investigation.
In the result, this application is allowed.
1.
The petitioner will be released on bail on her executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
B.A. No.4342 of 2015 2.
She shall appear before the investigating officer between 11 a.m and 12 noon every Wednesday for 6 months, or till the final report is filed, whichever is earlier. 3.
She shall not threaten or attempt to influence the witnesses, nor shall she while on bail, get herself involved in any criminal case; nor shall she destroy or attempt to destroy the evidence or interfere with the investigation. 4.
She shall surrender her passport before the lower court concerned of if she does not have one, she shall file an affidavit to that effect within five days of her release. 5.
She shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.
If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.
sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge