Ibrahim vs State Of Kerala
2021 Latest Caselaw 13061 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. 4794 OF 2021
           CRIME NO.203/2021 OF CHERPULASSERY POLICE STATION
 AGAINST THE ORDER/JUDGMENT IN CRMP 2720/2021 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS - I, OTTAPPALAM, PALAKKAD
PETITIONER/S:

     1       IBRAHIM
             AGED 40 YEARS
             S/O.MOIDEEN, MUNDANCHERI VEEDU, MANNUR, PALAKKAD
             DISTRICT.

     2       USMAN
             AGED 28 YEARS
             S/O.MOIDEEN, MANIYANKODE VEEDU, MANNUR, PALAKKAD
             DISTRICT.

             BY ADV NIREESH MATHEW



RESPONDENT/S:

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


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:
 BAIL APPL. NO. 4794 OF 2021
                                     2




                               O R D E R

Dated this the 18th day of June, 2021

This is an application for regular bail under Section

439 of the Cr.P.C.

2. The applicants are accused 1 and 2 in Crime

No.203/2021 of Cherpulassery Police Station for having

allegedly committed the offences punishable under Sections

58, 55(a) and 55(D) of the Abkari Act.

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

04.06.2021 at about 1.00 AM at Karalmanna, the accused were

found to be in possession of 99.25 litres of Indian made

foreign liquor in a vehicle bearing Reg.No.KL-49-C-2612

intended for sale in Kerala. The contraband was allegedly

imported from the State of Karnataka and was intended for

sale only in the State of Karnataka. The applicants were BAIL APPL. NO. 4794 OF 2021

remanded and they continue in judicial custody.

4. The applicants state that they are innocent and the

allegations are not true and that they are willing to abide

by any condition that may be imposed. Therefore, they seek

bail.

5. Heard the learned Counsel for the applicants and the

learned Public Prosecutor.

6. The learned Public Prosecutor points out that the

applicants have criminal antecedents of similar nature in

the State of Tamil Nadu, and therefore, in case they are

released on bail, there is every possibility that they may

get involved in offences of similar nature.

7. After having heard the submissions made on both

sides, I find that even though there is an antecedent

pointed out against the applicants in Tamil Nadu, there are

no antecedents in Kerala. Moreover, considering the

present pandemic situation, I find that further

incarceration of the applicants may not be necessary; but BAIL APPL. NO. 4794 OF 2021

in view of the antecedents, stringent conditions shall be

imposed.

As a result, the bail application is allowed and the

applicants are directed to be released on bail on the

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

only) each with two solvent sureties each for the like

amount to the satisfaction of the jurisdictional court, on

the following other conditions:

i)They shall appear before the investigating officer on

all Saturdays between 9.00 AM and 12.00 noon for a

period of two months or till the final report is filed,

whichever is earlier;

ii) They shall not attempt to influence or intimidate the

witnesses; and

iii) They 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 BAIL APPL. NO. 4794 OF 2021

of the bail before the jurisdictional Court.

Sd/-

ASHOK MENON JUDGE dkr