Suresh vs State Of Kerala
2021 Latest Caselaw 15751 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
       FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                       BAIL APPL. NO. 5551 OF 2021
  CRIME NO. 179 OF 2021 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
                                  DISTRICT
     AGAINST THE ORDER/JUDGMENT IN CRMC 3322/2021 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS , KAYAMKULAM, ALAPPUZHA
PETITIONER/ACCUSED:

            SURESH
            AGED 53 YEARS
            S/O.KUTTAPPAN, THENCHERIL VEETTIL, KANNAMBALLI BHAGAM,
            KEERIKKAD VILLAGE, PIN - 690 502.

            BY ADV M.R.SASITH PANICKER



RESPONDENT/STATE:

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




            SR.PP - SRI. SANTHOSH PETER




     THIS   BAIL    APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 5551 OF 2021
                                         2




                                   ORDER

Petitioner is the sole accused in Crime No. 719 of

2021 of Kayamkulam police station which was registered alleging

offence punishable under Sections 8 (1) and (2) of the Abkari Act.

It is alleged that on 15.07.2021 at 2.25 pm, near the

Annapoorneswari Devi Temple in Kayamkulam, the petitioner

was found carrying one litre of arrack. He was arrested along

with the contraband and since then, is in judicial custody.

2. I heard the learned counsel on both sides.

3. It is submitted that the petitioner does not have

criminal antecedents. This statement has been endorsed by the

learned Public Prosecutor also. The contraband is only one litre of

arrack. The investigation has advanced considerably so that his

further detention is not warranted.

4. Therefore, the petitioner shall be released on bail

on the following conditions:-

BAIL APPL. NO. 5551 OF 2021

i) 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;

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/ 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.

BAIL APPL. NO. 5551 OF 2021

Bail Application is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/30/07/2021