IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
BAIL APPL. NO. 5551 OF 2021
CRIME NO. 179 OF 2021 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
DISTRICT
AGAINST THE ORDER/JUDGMENT IN CRMC 3322/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS , KAYAMKULAM, ALAPPUZHA
PETITIONER/ACCUSED:
SURESH
AGED 53 YEARS
S/O.KUTTAPPAN, THENCHERIL VEETTIL, KANNAMBALLI BHAGAM,
KEERIKKAD VILLAGE, PIN - 690 502.
BY ADV M.R.SASITH PANICKER
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682 031.
SR.PP - SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5551 OF 2021
2
ORDER
Petitioner is the sole accused in Crime No. 719 of 2021 of Kayamkulam police station which was registered alleging offence punishable under Sections 8 (1) and (2) of the Abkari Act. It is alleged that on 15.07.2021 at 2.25 pm, near the Annapoorneswari Devi Temple in Kayamkulam, the petitioner was found carrying one litre of arrack. He was arrested along with the contraband and since then, is in judicial custody.
2. I heard the learned counsel on both sides.
3. It is submitted that the petitioner does not have criminal antecedents. This statement has been endorsed by the learned Public Prosecutor also. The contraband is only one litre of arrack. The investigation has advanced considerably so that his further detention is not warranted.
4. Therefore, the petitioner shall be released on bail on the following conditions:-
BAIL APPL. NO. 5551 OF 2021 3
i) Petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
ii) He shall not try to contact or influence the witnesses or tamper with the evidence;
iii) He shall not leave the country without permission of the jurisdictional court;
iv) He shall not involve in any crime during the period on bail;
v) He shall appear before the Investigating Officer/ trial Court as and when required;
vi) The petitioner shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;
vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail, in accordance with law.
BAIL APPL. NO. 5551 OF 2021 4 Bail Application is allowed as above.
Sd/-
K.HARIPAL JUDGE RMV/30/07/2021