George vs The State Of Kerala
2021 Latest Caselaw 17501 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
     THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                       BAIL APPL. NO. 6210 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1930/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -I,THRISSUR, THRISSUR
       CRIME NO.50/2021 OF KOLAZHY EXCISE RANGE, THRISSUR.


PETITIONER/ACCUSED NO.1 :-

            GEORGE
            AGED 59 YEARS
            S/O.CHACKO, NIRAPPEL HOUSE,
            VATTAYI CHEPPARA DESOM, THEKKUMKARA VILLAGE,
            THALAPPILLY TALUK, THRISSUR - 680 589

            BY ADVS.
            PREMCHAND M.
            K.ANITHA JOHN



RESPONDENT/COMPLAINANT :-

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



            NOUSHAD.K.A- SR.P.P




     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6210 OF 2021
                                         2

                                       ORDER

Application for regular bail.

2. The petitioner who is the first accused in

Crime No.50 of 2021 of Kolazhy Excise Range Office,

Thrissur District registered for the offences

punishable under Sections 8(1), 8(2) and 67B of the

Kerala Abkari Act, has moved this application for his

release on bail.

3. The prosecution allegation is that on

01.08.2021 at about 1.00 pm this petitioner was found

along with the second accused in possession and

engaged in transportation of 10 litres of illicit

arrack in a motor cycle owned by him through the

public road at Vattayi Cheppara Road at Killannur

village, by the Excise officials in contravention of

the provisions of the Abkari Act and they were

apprehended by them. Thereby, they have been booked

for the aforesaid offences.

4. The petitioner has been in custody since

01.08.2021.

BAIL APPL. NO. 6210 OF 2021

5. Heard the learned counsel for the petitioner

as well the learned Public Prosecutor.

6. The plea raised by the learned counsel for the

petitioner is that he has been falsely implicated in

the case though he is totally innocent.

7. The learned Public Prosecutor has submitted

that the petitioner has no criminal antecedents and

now the investigation of the case is nearly over.

Considering the quantity of contraband

involved, the period of detention undergone by him in

judicial custody, the present stage of investigation

as well the other facts and circumstances involved in

this case, I am inclined to enlarge him on bail

subject to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or BAIL APPL. NO. 6210 OF 2021

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 petitioners 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.

JUDGE SMA