Kiran K.V vs State Of Kerala
2021 Latest Caselaw 12889 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. 4604 OF 2021
         CRIME NO.290/2021 OF Kumbla Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT IN CMP 798/2021 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS -II,HOSDRUG, KASARGOD


PETITIONERS/ACCUSED :

    1       KIRAN K.V.
            AGED 39 YEARS
            S/O. PRABHAKARAN K.V., NEAR SGK HIGH SCHOOL,
            RAMDAS NAGAR, KUDLU VILLAGE, KASARAGOD DISTRICT.

    2       ANEESH KUMAR C.M.
            S/O. KRISHNAN M., AGED 44, CHIRNAGARA NIVAS,
            ALAMKOD HOUSING COLONY, KLUDLU VILLAGE,
            KASARAGOD DISTRICT.

            BY ADVS.
            HARISH R. MENON
            K.T.SHYAMKUMAR
            K.N.ABHA
            A.G.PRASANTH



RESPONDENTS :-

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM-682031.

    2       THE STATION HOUSE OFFICER
            KUMBLA POLICE STATION,
            KASARAGOD DISTRICT-671321.

            BY 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. 4604 OF 2021
                                      2

                                    ORDER

Application for regular bail.

2. Petitioners are the accused Nos.1 and 2 in

Crime No.290 of 2021 of Kumbla Police Station,

Kasargod District registered for the offence

punishable under Section 55(a) of the Abkari Act.

3. The prosecution allegation is that on

28.05.2021 at about 10.30 am they were found in

possession of 10.2 litres of Indian Made Foreign

Liquor and transportation of the same through the

National Highway at Kumbla in contravention of the

provisions of the Abkari Act and thereby committed

the aforesaid offences.

4. The petitioners have been in custody since

28.05.2021.

5. According to the learned counsel for the

petitioners they are totally innocent of the

allegations levelled against them.

6. The learned Public Prosecutor has submitted BAIL APPL. NO. 4604 OF 2021

that the investigation is well in progress and these

petitioners are having no criminal antecedents.

Considering the quantity of contraband

involved, the period of detention undergone by them

in judicial custody, the present stage of

investigation and the other facts and circumstances

involved in this case, I am inclined to release them

on bail subject to the following conditions :-

(i) The petitioners shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) They shall also appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioners 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 them 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 BAIL APPL. NO. 4604 OF 2021

above conditions, the learned Magistrate is

empowered to cancel the bail in accordance with

the law.

Sd/-

SHIRCY V.

JUDGE SMA