Biju vs State Of Kerala
2021 Latest Caselaw 13044 Ker

                 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. 4905 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMP 2196/2020 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS ,IRINJALAKUDA, THRISSUR
       CRIME NO.51/2021 OF IRINJALAKUDA EXCISE RANGE,THRISSUR
PETITIONER/S:

           BIJU
           AGED 48 YEARS
           S/O BALAN, VALUPARAMBIL HOUSE, EDATHIRINJI, CHETTIYAL
           DESOM, EDATHIRINJI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
           DISTRICT

           BY ADVS.
           P.K.VARGHESE
           K.R.ARUN KRISHNAN
           SANJANA RACHEL JOSE



RESPONDENT/S:

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


OTHER PRESENT:

           SRI.SANTHOSH PETER SR PP



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4905 OF 2021           2




                            O R D E R

Dated this the 18th day of June 2021

Application for regular bail under Section 439 of Cr.P.C.

The applicant is the sole accused in Crime No.51/2021 of

Irinjalakuda Excise Range, Thrissur for having allegedly committed

offences punishable under Sections 8(1) and (2) of the Kerala Abkari

Act.

2. The prosecution case, in brief, is that on 9.6.2021 at about

1 p.m. the accused was found to be in possession of 9.5 litres of

arrack which was stored near the laundry stone situated in the

backyard of the house of the accused, in violation of the aforesaid

provisions.

3. The applicant was arrested and remanded to judicial custody

and continues in custody. The applicant states that he is innocent

and the allegations are not true. He has no criminal antecedents and

therefore, he may be released on bail.

4. Heard the learned counsel for the applicant and the learned

Public Prosecutor.

5. The learned Public Prosecutor admits that the applicant has

no criminal antecedents. Considering the quantity of liquor involved

and the fact that the applicant has no criminal antecedents and the

present pandemic situation, I find that further incarceration of the

applicant may not be necessary. Hence, 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 and on following conditions:-

(i) He shall not get involved in similar cases during the currency

of the bail.

(ii) He shall appear before the investigating officer as and

when called for.

(iii) He shall not tamper with evidence, intimidate or influence

the witnesses.

In case of violation of the bail conditions, the prosecution is at

liberty to move for cancellation of the bail before the jurisdictional

court.

SD/-

ASHOK MENON

JUDGE

rmm