Chandrika v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 Bail Appl..No. 5344 of 2015 ---------------------------------------- CRIME NO. 73/2015 OF NEDUMANGAD EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT --------------------- PETITIONER(S)/ACCUSED :
---------------------------------------- CHANDRIKA, AGED 69 YEARS, D/O.CHELLAMMA, PULIMOODU VEEDU, KARIKKAKAM, EDAVAMKATTILAKUZHY, ANAD MURI, THENNUR VILLAGE, NEDUMANGAD TALUK.
BY ADVS.SMT.M.SANTHI (K/868/2011) SRI.G.RANJU MOHAN RESPONDENT(S)/COMPLAINANT :
---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.HARIPRASAD, J.
------------------------------------------------ B.A No.5344 of 2015 ------------------------------------------------ Dated this the 8th day of September, 2015.
O R D E R
Application for bail under Section 439 Cr.P.C. 2.
Petitioner is the accused in crime No.73/2015 of Nedumangad Excise Range registered for offence punishable under Section 55 (i) of the Abkari Act.
3.
Prosecution case, in short, is that on 08-08-2015 the petitioner was found in possession of 600 ml of Indian Made Foreign Liquor for the purpose of sale and thereby she has committed the aforementioned offence.
4.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5.
Learned counsel submitted that the petitioner was arrested on 08-08-2015 and produced before the court and the learned Magistrate remanded her to judicial custody. Learned Public Prosecutor opposed the bail application contending that there are two other cases against the petitioner of a similar nature. Considering the quantity involved, I find that bail can be granted
B.A No.5344 of 2015 2 to the petitioner with following strict conditions :
1. The petitioner shall be released on bail on 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 having jurisdiction.
2. The sureties shall produce documents to establish their identity and solvency. The learned trial Judge need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
3. The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.
4. The petitioner shall not indulge in any offence while on bail.
5. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.
If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.
Sd/- A.HARIPRASAD, JUDGE.
//True copy// P.A to Judge amk