Sinesh P.S vs The State Of Kerala
2021 Latest Caselaw 12951 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
      TUESDAY, THE 15TH DAY OF JUNE 2021 / 25TH JYAISHTA, 1943
                       BAIL APPL. NO. 4614 OF 2021
           CRIME NO.49/2021 OF EXCISE RANGE, IRINJALAKUDA
 AGAINST THE ORDER/JUDGMENT IN CRMP 2164/2021 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS - I, CHALAKUDY, THRISSUR
PETITIONER/S:

           SINESH P.S.
           AGED 40 YEARS
           S/O.SUBRAMANIAN, PULIKKAPARAMBIL HOUSE, MANAKULANGARA,
           KODAKARA, THRISSUR DISTRICT, PIN - 680 684.

           BY ADV A.C.DEVY



RESPONDENT/S:

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


OTHER PRESENT:

           SMT V SREEJA -PP



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4614 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.49/2021 of Irinjalakuda Excise Range for having

allegedly committed the offences punishable under Sections

8(1) and 8(2) opf the Abkari Act.

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

28.05.2021 at about 1.00 PM at Manakulangara Desom, the

accused was found to be in possession of one litre of

arrack in contravention of the aforesaid provisions. He

was arrested and remanded to judicial custody and he

continues in custody. His application for bail was

dismissed by the jurisdictional Magistrate. Hence, he

approaches this Court seeking indulgence.

4. Heard the learned Counsel for the applicant and the

learned Public Prosecutor.

BAIL APPL. NO. 4614 OF 2021

5. The learned Public Prosecutor admits that the

applicant has no other criminal antecedents. Considering

the quantity of the liquor involved and the fact that he

has no other criminal antecedents, as also the present

pandemic situation, I find that further incarceration of

the applicant is not necessary.

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 for and shall cooperate with the

investigation;

ii) He shall not attempt to influence or intimidate the

witnesses; and

iii) He shall not get involved in similar offences during BAIL APPL. NO. 4614 OF 2021

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

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