Ganesan C.K vs State Of Kerala
2021 Latest Caselaw 16320 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. 5709 OF 2021
  IN CRIME NO. 107 OF 2021 OF CHELANNUR EXCISE RANGE, KOZHIKODE
                                  DISTRICT
AGAINST THE ORDER/JUDGMENT IN CMP 1514/2021 OF JUDICIAL MAGISTRATE
              OF FIRST CLASS -III,KOZHIKODE, KOZHIKODE
PETITIONER/ACCUSED:

            GANESAN C.K.
            AGED 56 YEARS
            S/O.CHANDU, CHOTTU KOTTAYIL HOUSE, NANMINDA,
            CHEEKKILODE, KOZHIKODE DISTRICT, PIN - 673 613.

            BY ADV NIDHI BALACHANDRAN



RESPONDENTS/STATE & COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM - 682031.

    2       STATION HOUSE OFFICER
            CHELANNUR EXCISE RANGE, KOZHIKODE - 673 616.



            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. 5709 OF 2021
                                       2

                                  ORDER

Petitioner, the sole accused in Crime No. 107 of 2021

of Chelannur Excise Range in Kozhikode district is before Court

seeking regular bail. He was arrested on 17.07.2021 after seizing

5 litres of arrack and 70 litres of wash and other utensils for

making of arrack. Thus offence under Sections 8(1) and (2) and

55(g) of the Abkari Act is alleged against the petitioner.

2. I heard the learned counsel on both sides.

3. The learned counsel for the petitioner submits that he is a

liver cirrhosis patient, that he has no criminal antecedents. The

latter submission has been endorsed by the learned Public

Prosecutor also.

4. The petitioner is in judicial custody from 17.07.2021

onwards. In the nature of the allegations, his further detention is

not necessary. Investigation has progressed considerably.

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

sum to the satisfaction of the jurisdictional court; BAIL APPL. NO. 5709 OF 2021

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