PETER AUGUSTINE LALU Vs. EXCISE INSPECTOR
LAWS(KER)-2012-5-17
HIGH COURT OF KERALA
Decided on
May 02,2012
PETER AUGUSTINE @ LALU
Appellant
VERSUS
EXCISE INSPECTOR
Respondents
JUDGEMENT
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(1.)IT is alleged that the petitioner was found in possession of 25 litres of arrack on 12.04.2011 and thus he has committed offences under Sec.8(1) and 8(2) and 55(a) of Abkari Act. He has been custody from 04.03.2012.
(2.)THE learned counsel for the petitioner submits that there is no likelyhood of filing a final report by 04.05.2004 and so considering the period of detention, the petitioner may be granted bail. THE learned public prosecutor has opposed this petition.
Considering the period of detection already undergone by the accused and in view of the submission made on behalf of the accused that he will abide by any condition that may be imposed on them, the accused is granted bail subject to the following conditions:
(1) The accused shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. (2) The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. (3) The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3.)THE accused and the sureties shall not leave the jurisdiction of the Sessions Court without the prior permission of the learned Magistrate.
The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
(2.)THE learned counsel for the petitioner submits that there is no likelyhood of filing a final report by 04.05.2004 and so considering the period of detention, the petitioner may be granted bail. THE learned public prosecutor has opposed this petition.
Considering the period of detection already undergone by the accused and in view of the submission made on behalf of the accused that he will abide by any condition that may be imposed on them, the accused is granted bail subject to the following conditions:
(1) The accused shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. (2) The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. (3) The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3.)THE accused and the sureties shall not leave the jurisdiction of the Sessions Court without the prior permission of the learned Magistrate.
The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
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