Greeshma K.J vs State Of Kerala

Kerala High Court

Greeshma K.J vs State Of Kerala on 10 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE JOHNSON JOHN
   FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                      BAIL APPL. NO. 3796 OF 2024
   CRIME NO.361/2024 OF NARAKKAL POLICE STATION, ERNAKULAM
 AGAINST THE ORDER/JUDGMENT DATED 24.04.2024 IN CRMC NO.1254
OF 2024 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM ARISING OUT
  OF THE ORDER/JUDGMENT DATED 09.04.2024 IN CRMC NO.1052 OF
     2024 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/3RD ACCUSED (IN CUSTODY) (PETITIONER ARRESTED ON
29.03.2024 AND REMANDED TO JUDICIAL CUSTODY ON 30.03.2024):

             GREESHMA K.J.,
             AGED 26 YEARS, W/O BIBEESH,
             KALARIKKAL HOUSE, VALAPPU,
             ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK,
             ERNAKULAM, PIN - 682508
             BY ADVS.
             BIMAL PRASAD
             ANNIE EDNA ARAKKEL

RESPONDENT/STATE:

             STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM, PIN - 682031
             BY ADV.
             SRI.SANAL P.RAJ - P.P.



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.05.2024,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.3796 of 2024
                                  :2:




                        JOHNSON JOHN, J.
                =========================
                    Bail Appl. No.3796 of 2024
               ==========================
                Dated this the 10th day of May, 2024

                               ORDER

This is an application seeking regular bail.

2. The petitioner is the 3 rd accused in Crime No.361/2024 of Narakkal Police Station, Ernakulam District, registered for the offence under Section 55(a) (i) of the Kerala Abkari Act.

3. The prosecution case is that the 1 st accused is the husband of the 3rd accused and the 2nd accused is his brother in law and that on 29.03.2024, at 12.05 hrs, 84 half litre bottles of Indian Made Foreign Liquor were recovered from the bedroom of the house bearing No.IX/607 of Elamkunnapuzha Village, where the 1st accused is residing, and one half bottle of Indian Made Foreign Liquor and Rs.5,500/- (Rupees Five Thousand Five Hundred only) were recovered from the terrace of the house bearing No.IX/608A, and it is alleged that the said contraband items were illegally stocked by accused Nos.1 to 3 for illegal sale, and they are thereby, alleged to have committed the offences as aforesaid.

4. In the petition, it is stated that the contraband items are B.A.No.3796 of 2024 :3: not recovered from the possession of the petitioner and that the petitioner has no connection with the said items alleged to be recovered in this case. It is pointed out that the petitioner is in custody from 29.03.2024 and that the investigation of this case is almost over and therefore, her further detention in custody is not at all required.

5. The learned Public Prosecutor has no serious objection in granting bail subject to stringent conditions.

In the result, this application is allowed on the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall appear before the Investigating Officer in Crime No.361/2024 of Narakkal Police Station, Ernakulam District, on all Saturdays at 11.00 a.m. till the final report is filed;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

:4:

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the above conditions are violated, the Investigating Officer in Crime No.361/2024 of Narakkal Police Station, Ernakulam District, can file application before the jurisdictional Court, for cancellation of bail.

Sd/-

JOHNSON JOHN JUDGE anm B.A.No.3796 of 2024 :5: APPENDIX OF BAIL APPL. 3796/2024 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE ORDER DATED 9.4.2024 IN CRL.M.C. NO.1052/2024 OF THE SESSIONS COURT, ERNAKULAM Annexure B FREE COPY OF THE ORDER DATED 24.4.2024 IN CRL.M.C. NO.1254/2024 OF THE HON'BLE ADDITIONAL SESSIONS JUDGE - I, (VACATION COURT), ERNAKULAM RESPONDENT ANNEXURES : NIL.