Visakh vs State Of Kerala
2021 Latest Caselaw 17358 Ker

BAIL APPL. NO. 6137 OF 2021           1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
     WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                     BAIL APPL. NO. 6137 OF 2021
 CRIME NO.313/2021 OF Kareelakulangara Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT IN CMP 1137/2021 OF JUDICIAL MAGISTRATE
               OF FIRST CLASS -II, HARIPAD, ALAPPUZHA
PETITIONER/ACCUSED NO.1

            VISAKH
            AGED 27 YEARS
            S/O. VIJAYANPILLAI, PUTHENVEETTIL HOUSE, EAVOOR VADAKE
            MURIYIL, CHEPPADU VILLAGE, ALAPPUZHA DISTRICT.
            BY ADV M.J.SANTHOSH


RESPONDENT/COMPLAINANT:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM-682 031.
            BY SR.PUBLIC PROSECUTOR SRI. MANU P.G.

     THIS   BAIL   APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6137 OF 2021           2




                                ORDER

Application for regular bail filed under Section 439 of the Code of

Criminal Procedure.

2. The petitioner is the first accused in Crime No.313 of 2021 of

Kareelakulangara Police Station registered for the offences punishable

under Sections 8(1) and (2) and 55(g) of Kerala Abkari Act.

3. He has been in custody since 28.7.2021.

4. The allegation is that on 16.06.2021 at about 2.30 p.m this

petitioner was found in possession of 24 litres of illicit arrack and 15

litres of wash stored in the kitchen of his residential house for the

purpose of distillation of illicit arrack and for sale. Thereby he has

committed the aforesaid offences along with the other accused.

5. The learned Public Prosecutor has fairly submitted that the

investigation of the case is over and charge sheet has been submitted

before the court concerned on 31.7.2021. But it is pointed out that

though the second petitioner had already been granted bail by this

Court, no application for bail was moved by this petitioner. He is having

criminal antecedents as he is involved in a murder case. Hence the

application is opposed by the learned Public Prosecutor.

6. Admittedly the investigation of the case is over and charge

sheet has been submitted before the Judicial First Class Magistrate

concerned as early as on 31.7.2021. Though the offences alleged against

this petitioner are grave and serious in nature, considering the fact that

charge sheet has been filed, further detention of this petitioner is found

not necessary for the investigating agency. It is also to be noted that the

prosecution has no case that he is involved in any other offences of

similar nature though he is an accused in a murder case

7. Considering all these facts, I am inclined to release him on

bail subject to the following conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One surety shall be a close relative.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the

learned Magistrate is empowered to cancel the bail in accordance

with the law.

Sd/-

SHIRCY V.

smm                                                    JUDGE