Samson K T vs The State Of Kerala
2021 Latest Caselaw 13610 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE K.HARIPAL
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                     BAIL APPL. NO. 5018 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 1184/2021 OF DISTRICT
        COURT & SESSIONS COURT, ERNAKULAM, ERNAKULAM
   CRIME NO.38/2021 OF EXCISE RANGE OFFICE, PERUMBAVOOR
PETITIONER/ACCUSED:

         SAMSON K T
         AGED 40 YEARS
         S/O. LATE THOMAS, KAROTTAPURAM HOUSE,
         OKKAL P.O. CHELAMATTOM VILLAGE,
         KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

          BY ADV SHIBU VARGHESE



RESPONDENTS/STATE & COMPLAINANT:

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

    2     EXCISE INSPECTOR,
          EXCISE RANGE OFFICE, PERUMBAVOOR, 683 542.

          ADV.SMT. SREEJA V., PUBLIC PROSECUTOR



    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.07.2021,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL. NO.5018 OF 2021
                                   -2-



                             ORDER

Petitioner is the accused in Crime No.38/2021 of

Perumbavoor Excise Range. The crime was registered on

02.06.2021, alleging offence punishable under Sections 8(1)

and (2), 55(a) and 58 of the Abkari Act.

2. The allegation is that he was found illegally

transporting 3.5 litres of arrack, 3 litres of Indian made

foreign liquor and one litre of Karnataka made liquor. He was

arrested from the spot and since then is in judicial custody.

3. The learned counsel for the petitioner submits that

he is a physically disabled person by 45%, that he has no

criminal antecedents. The latter submission has been

endorsed by the learned Public Prosecutor also. He is in

judicial custody from 02.06.2021 onwards; in the

circumstances, his continued detention is not necessary.

In the circumstances, the petitioner shall be released on

bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/-

(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the BAIL APPL. NO.5018 OF 2021

satisfaction of the jurisdictional Court;

ii) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave the country without leave 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/committal Court/trial Court as and when required;

vi) He 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.

This bail application is allowed as above.

Sd/-

K.HARIPAL JUDGE nkr/01.07.2021