Premjith @ Manu v. State of Kerala represented by The Public Prosecutor High Court of Kerala
2013-11-21
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. Petitioner is accused, in Crime No.3 of 2006 of the Adoor Excise Range Office for the offences punishable under Secs. 8(1) and (2) of the Abkari Act, apprehends arrest and has filed this application. 2. Case is that on 07.01.2006 at about 05:45 p.m., the petitioner was found in possession of 4.8 liters of arrack. 3. Learned counsel submits that the petitioner learned about pendency of this case only recently. He met with an accident on 29.04.2012 and is bed ridden. Annexures are produced to show that petitioner is undergoing treatment even as on 25.09.2013. 4. Learned Public Prosecutor has submitted that the final report in the case was filed on 10.01.2013 and the matter is pending before the learned JFM, Adoor as C.P. No. 3 of 2011. 5. Since detention of the petitioner is not required for any purpose, I am inclined to allow the request. Resultantly, this application is allowed as under: 1) Petitioner is granted bail in Crime No.3 of 2006 of the Adoor Excise Range Office (C.P. No. 3 of 2011 of the JFMC, Adoor). 2) Petitioner shall surrender before learned JFM, Adoor in C.P. No. 3 of 2011 within a month from this day. 3) On such surrender, the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for Rs.25,000/-(Rupees Twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:- a) Petitioner shall not get involved in any offence during the period of bail. b) In case of violation of any of the conditions, bail granted hereby is liable to be cancelled by moving application before the learned magistrate (until committal if any, and thereafter before the Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100) 4) In case petitioner does not surrender before the learned magistrate within the time aforesaid, this order will be cease to be effective from the date of expiry of the said period.