Radhakrishnan vs State Of Kerala
2021 Latest Caselaw 17572 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. 6186 OF 2021
  CRIME NO.105/2021 OF Kayamkulam Excise Range Office, Alappuzha
AGAINST THE ORDER/JUDGMENT IN CMP 1172/2021 OF JUDICIAL MAGISTRATE
               OF FIRST CLASS -II, HARIPAD, ALAPPUZHA


PETITIONER/ACCUSED :-

            RADHAKRISHNAN,
            AGED 62 YEARS
            S/O. KOCHUKUTTI, VAYALVARATHU, ERUVA MURI,
            PATHIYOOR VILLAGE,
            KARTHIKAPPALLY TALUK, 690 106.

            BY ADVS.
            K.S.ARUN KUMAR
            BINDU MOHAN
            RAJEE P MATHEWS
            AMRUTHA P S
            AMRUTHA K.P.
            VIJAY SANKAR V.H.



RESPONDENT/STATE :-

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


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6186 OF 2021
                                    2

                                 ORDER

Application for regular bail.

2. The petitioner who is the accused in Crime

No.105 of 2021 of Kayamkulam Excise Range Office,

Alappuzha 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

30.07.2021 at about 6.30 pm he was found in

possession and engaged in transportion of 10 litres

of illicit arrack in a motor cycle bearing

registration No.KL-29/R 4726 through the public road

at Puthenkulangara Junction, Puthiyoor village, by

the Excise officials, in contravention of the

provisions of the Abkari Act and he was apprehended

by them. Thereby, he has been booked for the

aforesaid offences.

4. The petitioner has been in custody since

30.07.2021.

BAIL APPL. NO. 6186 OF 2021

5. Heard the learned counsel for the petitioner

as well the learned Public Prosecutor.

6. The learned counsel for the petitioner would

submit that he was falsely implicated in the case;

actually 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 well in

progress.

Considering the quantity of contraband

involved in this case, 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

release 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 BAIL APPL. NO. 6186 OF 2021

Officer for interrogation as and when required by him, in writing.

(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 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