Mahesh vs State Of Kerala
2021 Latest Caselaw 12914 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
       MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
                       BAIL APPL. NO. 4675 OF 2021
                 (CRIME NO.29/2021 OF MALA EXCISE RANGE)
 AGAINST THE ORDER/JUDGMENT IN CRMP 2668/2021 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS - I, CHALAKUDY, THRISSUR
PETITIONER/S:

           MAHESH
           AGED 27 YEARS
           S/O.MARIYAPPAN, ILLIKKAPARAMBIL HOUSE, THAIKKOOTTAM CANAL
           DESOM, KALLUR VADAKKUMURI VILLAGE, CHALAKUDY TALUK,
           THRISSUR DISTRICT, PIN-680309.

           BY ADV N.L.BITTO



RESPONDENT/S:

           STATE OF KERALA
           REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT
           ERNAKULAM-682031.


OTHER PRESENT:

           SMT.E.C.BINEESH-PP



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4675 OF 2021
                                         2



                                       ORDER

This is an application for regular bail under Section 439 of the Cr.P.C.

2. The applicant is the sole accused in Crime

No.29/2021 of Mala Excise Range for having allegedly

committed the offences punishable under Sections 8(1), (2)

and 55(g) of the Abkari Act.

3. The prosecution case, in brief, is that on

02.06.2021 at about 5.30 PM, the applicant was found to be

in possession of two litres of arrack along with the

utensils for the purpose of distillation of arrack from his

house bearing Door No.15/45 of Kadukutty Panchayat. The

applicant was arrested and remanded to judicial custody and

continues in remand.

4. The applicant states that he is innocent and the

allegations are not true and that he has been falsely

implicated. He has no other criminal antecedents, and

therefore, seeks regular bail.

BAIL APPL. NO. 4675 OF 2021

5. Heard the learned Counsel for the applicant and the

learned Public Prosecutor.

6. The learned Public Prosecutor admits that the

applicant has no other criminal antecedents. Considering

the quantity of the liquor involved and also the present

pandemic situation, I find that further incarceration of

the applicant is not required.

As a result, the bail application is allowed and the

applicant is directed to be released on bail on the

execution of a bond for Rs.50,000/- (Rupees fifty thousand

only) with two solvent sureties each for the like amount to

the satisfaction of the jurisdictional court, on the

following other conditions:

i) He shall appear before the investigating officer as

and when called and shall cooperate with the

investigation;

ii) He shall not attempt to influence or intimidate the

witnesses; and BAIL APPL. NO. 4675 OF 2021

iii) He shall not get involved in similar offences during

the currency of the bail.

In case of breach of any of the bail conditions, the

prosecution shall be at liberty to apply for cancellation

of the bail before the jurisdictional Court.

Sd/-

ASHOK MENON JUDGE

dkr