Citation : 2024 Latest Caselaw 12041 Ker
Judgement Date : 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
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;
(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
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.
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