Dileep V.R vs State Of Kerala
2021 Latest Caselaw 12877 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
        FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                      BAIL APPL. NO. 4610 OF 2021
        CRIME NO.42/2021 OF Pala Excise Range Office, Kottayam
AGAINST THE ORDER/JUDGMENT IN CMP 1830/2021 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS ,PALA, KOTTAYAM
PETITIONER :-

            DILEEP V.R.
            AGED 45 YEARS
            S/O.RAMACHANDRAN NAIR, VELARIYIL HOUSE,
            KIZHATHADIYOOR KARA, LALAM VILLAGE,
            MEENACHIL TALUK, KOTTAYAM DISTRICT - 686 575.

            BY ADV JOSEPH T.JOHN



RESPONDENTS :-

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

    2       THE EXCISE RANGE OFFICER
            PALA EXCISE OFFICE, PALA POST,
            KOTTAYAM DISTRICT - 686 575.

            BY ADV JOSEPH T.JOHN
               SMT.SREEJA V - PUBLIC PROSECUTOR



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4610 OF 2021
                                   2

                                 ORDER

Application for regular bail.

2. The petitioner is the sole accused in Crime

No.42 of 2021 of Pala Excise Range Office registered

for the offences punishable under Sections 8(1),

8(2) and 65(B) of the Abkari Act.

3. The prosecution allegation is that on

25.05.2021 the Excise Officials on getting some

reliable information intercepted the vehicle driven

by this petitioner and conducted a search and then

they found the petitioner transporting 5 litres of

arrack in his car bearing No.KL 26 E 8401 through

the public road, in contravention of the provisions

of the Abkari Act. Thereby, he committed the

aforesaid offences.

4. The petitioner has been in custody since

25.05.2021.

5. According to the learned counsel for the

petitioner he is totally innocent of the allegations

levelled against him. But he is undergoing BAIL APPL. NO. 4610 OF 2021

incarceration from the date of his arrest on

25.05.2021. Hence this application.

6. The learned Public Prosecutor has submitted

that the investigation is well in progress and this

petitioner is having no criminal antecedents.

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 release him on bail subject to the following

conditions :-

(i) The petitioner shall be released on bail on his 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 also appear before the Investigating 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.

BAIL APPL. NO. 4610 OF 2021

(iv) The petitioner 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