Kerala High Court
Manikandan vs State Of Kerala on 18 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
BAIL APPL. NO. 4810 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1957/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,TIRUR, MALAPPURAM
Crime No.67/2021 of Excise Range Office, Tirur
PETITIONER/S:
MANIKANDAN
AGED 41 YEARS
S/O.VASUDEVAN, KARUMATHIL HOUSE, KAIMALASSERY
DESOM, TRIPRANGODE VILLAGE, MALAPPURAM DISTRICT.
BY ADV P.T.SHEEJISH
RESPONDENT/S:
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
18.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA 4810/2021
2
ASHOK MENON, J.
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BA No.4810 of 2021
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Dated this the 18th day of June, 2021
ORDER
Application for regular bail under Section 439 Cr.PC.
2. The applicant is the sole accused in Crime
No.67/2021 of Excise Range Office, Tirur for having allegedly
committed offences punishable under Section 55(g) of the
Abkari Act.
3. The prosecution case, in brief, is that on 8.6.2021 at
about 7.15 p.m. at a place called Kaimalassery, the applicant
was found to be in possession of 5 litres of wash at the store
room of his house at Tripagode Panchayat and he was arrested
and remanded to judicial custody next day. He continues in
BA 4810/2021
custody. The applicant states that he is innocent and the
allegations are not true and that considering the present
pandemic situation, he may be released on bail.
4. Heard the learned counsel for the applicant and the
learned Public Prosecutor.
5. The learned Public Prosecutor points out that the
applicant has four other criminal cases of similar nature
registered against him right from the year 2017, and therefore,
in case he is released on bail, there is every possibility of the
applicant being invoked in offences of similar nature. Hence,
the bail application is vehemently opposed by the learned
Prosecutor.
6. Considering the present pandemic situation and the
quantity of the liquor involved, the applicant is liable to be
BA 4810/2021
released on bail. But, considering his criminal antecedents,
stringent conditions need to be imposed.
7. Hence, the Bail Application is allowed and the
applicant is directed to be released on bail on execution of a
bond for Rs.1,00,000/- (Rupees One lakh only) with two
solvent sureties, each for the like amount to the satisfaction of
the jurisdictional court and on the following further conditions:
(i) He shall appear before the investigating officer on
all Saturdays between 9 a.m. and 12 noon for a period of three
months or till the filing of the final report, whichever is earlier;
(ii) He shall not attempt to influence or intimidate the
witnesses or tamper with evidence.
(iii) He shall not get involved in similar offences during
the currency of the bail.
BA 4810/2021
In case of breach of any of the bail conditions, the prosecution
shall be at liberty to approach the jurisdictional court for
cancellation of the bail.
Sd/-
ASHOK MENON
JUDGE
jg
