Satheesan P vs The State Of Kerala
2021 Latest Caselaw 15078 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR. JUSTICE K.HARIPAL
        FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                         BAIL APPL. NO. 4396 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 2425/2021 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS -I,HOSDRUG, KASARGOD
PETITIONER:

            SATHEESAN P.
            AGED 46 YEARS
            SON OF CHOKKAN, RESIDING AT PAINI VEEDU, KOTRACHAL,
            NILESHWAR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT -
            671 121.

            BY ADVS.
            T.MADHU
            C.R.SARADAMANI
            SHAHID AZEEZ
            CHANDRALEKHA SANU
            SINORAJ D.K.



RESPONDENTS:

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

    2       THE STATION HOUSE OFFICER
            HOSDURG EXCISE RANGE OFFICE, KASARAGOD DISTRICT - 671
            315.


OTHER PRESENT:

            PP - SMT. SREEJA V.




     THIS     BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4396 OF 2021
                                         2

                                  ORDER

Petitioner is the sole accused in Crime No.132 of

2021 of Hosdurg Excise Range in Kasargod district. He faces

allegation under Sections 58 and 67B of the Abkari Act. The

alleged incident had happened on 01.07.2021. Going by the

prosecution records, he was found illegally transporting 8.640

litres of Indian Made Foreign Liquor of Karnataka make which

was being unauthorizedly transported through Kerala territory in

TVS scooter bearing registration No. KL-60-R-7205. He is in

judicial custody from 01.07.2021 onwards.

2. I heard the learned counsel on both sides.

3. The learned Public Prosecutor has submitted that

he has no criminal antecedents. Now for the last 15 days he is in

judicial custody. Investigation has progressed considerably and

further detention is not warranted.

5. Therefore, the petitioner shall be released on bail on

the following conditions:-

I) The petitioner shall execute a 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; BAIL APPL. NO. 4396 OF 2021

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/committal Court/trial Court as and when required;

vi)The 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.

This bail application is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/16/07/2021