Akhil @ Kukku vs State Of Kerala
2021 Latest Caselaw 12927 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. 4649 OF 2021
                (CRIME NO.52/2021 OF ARYANAD EXCISE RANGE)
AGAINST THE ORDER/JUDGMENT IN CMP 869/2021 OF JUDICIAL MAGISTRATE OF
            FIRST CLASS -I,NEDUMANGAD, THIRUVANANTHAPURAM
PETITIONER/S:

           AKHIL @ KUKKU
           AGED 27 YEARS
           S/O.MANI, KUKKU SADANAM, ENJAPURI, KOTTAYAKKAKOM MURI,
           ARYANAD VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM
           DISTRICT.

           BY ADVS.
           M.B.SHYNI
           PRASANTH K.T.
           RAJESH KUMAR R.
           ANILKUMAR



RESPONDENT/S:

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


OTHER PRESENT:

           SMT.V.SREEJA-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. 4649 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.52/2021 of Aryanad Excise Station for having allegedly

committed the offences punishable under Sections 8(1) and

8(2) of the Abkari Act.

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

28.05.2021 at about 3.10 PM, the accused was found to be in

possession of 3 litres of illicit arrack at Kottakkakam

Muri in Aryanad Village in contravention of the aforesaid

provisions. The applicant was arrested and remanded to

judicial custody. Thereafter, he was granted interim bail

on 07.06.2021.

4. Heard the learned Counsel for the applicant and the

learned Public Prosecutor.

5. The learned Public Prosecutor admits that the

applicant does not have any criminal antecedents. BAIL APPL. NO. 4649 OF 2021

Considering this fact and the quantity of the liquor

involved and also the present pandemic situation, I do not

find any reason for further incarceration of the

applicant. Therefore, the interim bail granted to the

applicant is made absolute and he shall execute the bond as

directed.

Sd/-

ASHOK MENON JUDGE

dkr