Thomas vs State Of Kerala
2021 Latest Caselaw 16992 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE K.HARIPAL
     THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                     BAIL APPL. NO. 6133 OF 2021
  (IN CRIME NO.51/2021 OF EXCISE RANGE OFFICE, KUNNAMKULAM WITHIN
             THE JURISDICTION OF JFCM COURT, CHAVAKKAD)
 AGAINST THE ORDER/JUDGMENT IN MP 3163/2021 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS ,CHAVAKKAD, THRISSUR
PETITIONER/ACCUSED(IN CUSTODY):

           THOMAS
           AGED 55 YEARS
           S/O FRANCIS,
           THARAKAN VEETTIL HOUSE, KANDANASSERY P.O,
           PARAKKULAM DESOM,
           KANDANASSERY VILLAGE, KUNNAMKULAM TALUK,
           THRISSUR DISTRICT-680102.

           BY ADV SHOBY K.FRANCIS



RESPONDENTS/STATE:

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

     2     EXCISE INSPECTOR
           EXCISE RANGE OFFICE,
           KUNNAMKULAM EXCISE RANGE,
           CHOONAD P.O, KUNNAMKULAM,
           THRISSUR DISTRICT-680502.



           PP - SRI. PRASANTH M.P.




     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.08.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6133 OF 2021
                                       2




                                     ORDER

Petitioner is the sole accused in Crime No.51 of 2021 of

Kunnamkulam Excise Range, which was registered alleging

offence punishable under Sections 8(1) and (2) of the Abkari Act.

2. It is alleged that, on 03.08.2021, the petitioner was found

in possession of 1.5 litres of arrack inside Tharakan Super

Market, Kandanassery village in Kunnamkulam owned by the

petitioner. The petitioner was arrested after seizing the

contraband, and since then is in judicial custody.

3. I heard the learned counsel on both sides.

4. Petitioner does not have criminal antecedents. In the

nature of the allegations, substantial part of investigation is over.

The contraband has already been seized under a mahazar. Here,

what remains is only examination of witnesses and production of

chemical examination report, for which, further detention of the

petitioner is not warranted.

Therefore, the petitioner shall be released on bail on the

following conditions:-

BAIL APPL. NO. 6133 OF 2021

i) Petitioner shall execute 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) 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/12/08/2021