IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
BAIL APPL. NO. 6516 OF 2022
Crime No.636/2022 of Badiadka Police Station, Kasargod
District
AGAINST THE ORDER/JUDGMENT IN CMP 1112/2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KASARAGOD
PETITIONER/ACCUSED:
SANTHOSH P T
AGED 48 YEARS
S/O. THANKAPPAN, PUTHANPURAY8IL HOUSE, URAMBODY,
NERAPADY, KUMBADAJE VILLAGE, KASARAGODE, PIN -
671551
BY ADVS.
T.G.RAJENDRAN
T.R.TARIN
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
BADIADKA POLICE STATION,
KASARAGODE, PIN - 671541
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 25.08.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.6516 of 2022 :2:
VIJU ABRAHAM, J.
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B.A. No.6516 of 2022
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Dated this the 25th day of August, 2022
ORDER
This is an application for regular bail.
2. The petitioner is the sole accused in Crime No.636/2022 of Badiadka Police Station, Kasargod District, alleging commission of offence punishable under the provisions of the Abkari Act.
3. The prosecution allegation is that, on 09.08.2022, at 6.15 pm, the petitioner was found in possession of 8 litres of Indian Made Foreign Liquor at Nerapady situated in Kumbadaje village and thereby committed the above said offence.
4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 10.08.2022 and he is in custody since then.
5. The learned Public Prosecutor opposed the application for bail, but submitted that the petitioner has no other criminal antecedents.
6. Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 10.08.2022 onwards, I am inclined to grant bail to the petitioner subject to conditions. In the result, the bail application is allowed. It is directed that the B.A. No.6516 of 2022 :3: petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute bond for a sum of Rs.25,000/- (Rupees twenty five 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.636/2022 of Badiadka Police Station, Kasargod District as and when required;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.636/2022 of Badiadka Police Station, Kasargod District;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.636/2022 of Badiadka Police Station, Kasargod District, may file an application before the jurisdictional court, for cancellation of bail.
Sd/-
VIJU ABRAHAM JUDGE sm/