Citation : 2021 Latest Caselaw 13111 Ker
Judgement Date : 23 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
BAIL APPL. NO. 4427 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 838/2021 OF DISTRICT COURT &
SESSIONS COURT, ERNAKULAM,
CRIME NO.276 OF 2021 OF NORTH PARAVOOR POLICE STATION, ERNAKULAM
DISTRICT)
PETITIONER/ACCUSED:
RAKESH.R.MENON
AGED 31 YEARS
S/O.RAVEENDRANADHAN,
KRISHNA KRIPA HOUSE, VADAKKUMURI,
KEDAMANGALAM, NORTH PARAVUR.
BY ADVS.
M.VIVEK
M.R.MADHU
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
SRI. SANTHOSH PETER- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4427 OF 2021
2
ORDER
This is an application filed under Section
438 of Cr.P.C by the sole accused in crime
No.276/2021 of North Paravoor Police Station
which was registered alleging offence punishable
under Section 55(a) of the Abkari Act.
2. The specific allegation is that on
12.04.2021 at 7 PM, the police party found a
person carrying a bag. Seeing the party he ran
away from the spot after abandoning the bag. The
bag contained 30 bottles of IMFL. Thus after
seizing the items, the crime was registered. Now
apprehending arrest, petitioner has moved this
Court.
3. According to the learned counsel for the
petitioner, no one has indicated the name of the
petitioner and he has been falsely implicated. BAIL APPL. NO. 4427 OF 2021
Further it is contended that even if the
allegations are admitted, only Section 63 of the
Abkari Act will be attracted. Whatever it may be,
the learned Public Prosecutor has stated that
there is no criminal antecedents to the credit of
the petitioner and his custodial interrogation is
not warranted. In the circumstance, in the event
of arrest, he shall be released on bail; the
petitioner shall appear before the Investigating
Officer within ten days from today and will make
himself available for interrogation; in the event
of arrest, the petitioner shall be released on
bail on executing a bond for Rs.50,000/-(Rupees
Fifty Thousand Only) with two solvent sureties
each for the like sum to the satisfaction of the
Investigating Officer; he shall co-operate with
investigation, shall not try to contact or
influence the witnesses or tamper with the BAIL APPL. NO. 4427 OF 2021
evidence; he shall not involve himself in any
crime during the period on bail;
Sd/-
K.HARIPAL JUDGE LEK
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