Ramakrishnan Chettiyar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B. SUDHEENDRA KUMAR FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 Bail Appl..No. 5790 of 2015 ------------------------------- CRIME NO. 61/2015 OF CHATHANNUR EXCISE RANGE OFFICE , KOLLAM PETITIONER(S)/ACCUSED :

--------------------------------------- RAMAKRISHNAN CHETTIYAR, AGED 70 YEARS, S/O. ARUMUKHAM CHETTIYAR, THENGIL THOPPIL VEEDU, OLLAR DESAM, PARAVOOR VILLAGE, KOLLAM DISTRICT. BY ADVS.SRI.BINU GEORGE SMT.HEMALATHA RESPONDENT(S)/STATE:

------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

B.SUDHEENDRA KUMAR, J.

------------------------------------------------ B.A.No.5790 of 2015 ------------------------------------------------- Dated this the 16th day of October, 2015

O R D E R

This is an application filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioner is the accused in Crime No.61 of 2015 of Chathannoor Excise Range registered under Section 55 (a) and (i) of the Abkari Act, on the allegation that on 10.09.2015 at about 07.30 a.m., the petitioner was found in possession of 2.3 liters of Indian Made Foreign Liquor for the purpose of sale in contravention of the provisions of the Abkari Act. The petitioner was arrested from the spot and ever since, he has been in custody. 3.

Heard.

4.

The learned Public Prosecutor has no serious objection in granting bail to the petitioner. 5.

Considering the facts and circumstances of the case, including the period of detention of the petitioner and also taking into consideration of the fact that the

B.A.No.5790 of 2015 contraband seized is Indian Made Foreign Liquor, I am inclined to grant bail to the petitioner.

In the result, this application stands allowed and the petitioner shall be enlarged on bail on her executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Court of the Judicial Magistrate of First Class-I, South Paravoor and subject to the following further conditions:

(a) The petitioner shall report before the Investigating Officer as and when required for the purpose of interrogation.

(b) The petitioner shall not get involved in any offence while on bail.

Sd/- B.SUDHEENDRA KUMAR, JUDGE.

AS /True Copy/ P.A. to Judge