Abdul Hameed vs State Of Kerala
2021 Latest Caselaw 16279 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                       BAIL APPL. NO. 5665 OF 2021
   IN CRIME NO.91 OF 2021 OF BADIYADKA EXCISE RANGE, KASARAGOD
                                  DISTRICT
AGAINST THE ORDER/JUDGMENT IN CMP 798/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS ,KASARAGOD, KASARGOD
PETITIONER/ACCUSED:

            ABDUL HAMEED,
            AGED 45 YEARS
            S/O. ABOOBAKKAR, NATTAKKAL, BELLUR VILLAGE, KASARAGOD
            TALUK, KASARAGOD DISTRICT-671 531

            BY ADV P.K.SUBHASH



RESPONDENT/STATE:

            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            AT ERNAKULAM-682 031



            PP - SRI. PRASANTH M.P.




     THIS   BAIL    APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 5665 OF 2021
                                       2

                                  ORDER

Petitioner is the 1st accused in Crime No. 91 of 2021 of

Badiyadka Excise Range in Kasaragod district, which was

registered on 19.07.2021 alleging offence punishable under

Sections 58 and 67B of the Abkari Act.

2. The substance of the allegation is that, on 19.07.2021 at

10.30 am the petitioner and another were found transporting 17.28

litres of Indian Made Foreign Liquor of Karnataka make in a jeep.

They were intercepted at a place by name Nattakkal in Bellur

Village, Kasaragod Taluk and both were taken into custody along

with the contraband. Since then, they are in judicial custody. Now

the 1st accused seeks his release on bail.

3. I heard the learned counsel on both sides.

4. No criminal antecedents is noticed against the petitioner.

The investigation is in the advanced stage and further detention of

the petitioner is not necessary.

5. Therefore, the petitioner shall be released on bail on the

following conditions:-

i) Petitioner shall execute a bond for Rs.50,000/-(Rupees

Fifty Thousand only) with two solvent sureties each for the like BAIL APPL. NO. 5665 OF 2021

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 Application is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/04/08/2021