Shiyas vs State Of Kerala
2021 Latest Caselaw 13395 Ker

BAIL APPL. NO. 4731 OF 2021

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                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE K.HARIPAL
        MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                       BAIL APPL. NO. 4731 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 1022/2021 OF DISTRICT COURT &
                  SESSIONS COURT, ERNAKULAM, ERNAKULAM
PETITIONER/S:

             SHIYAS
             AGED 45 YEARS
             NEELIYATTU HOUSE, BHOOTHATHANKETTU KARA, PINDIMANA
             VILLAGE, KOTHAMANGHALAM, ERNAKULAM DISTRICT.

             BY ADVS.
             PEEYUS A.KOTTAM
             ARJUN S BENEDICT



RESPONDENT/S:

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


OTHER PRESENT:

             SR.PP - SRI. SANTHOSH PETER



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4731 OF 2021

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                                O R D E R

The petitioner is the 6th accused in

Crime No.41 of 2021 of Excise Range Office,

Kothamangalam, which was registered alleging

offences under Section 8(1) and (2) and

Sections 55 (a) (b) (i) (g) and 67B of the

Abkari Act. The alleged incident had happened

on 18.04.2021 at 2.45 PM near Malayinkeezhu

Junction, Kothamangalam. The crime was

registered after seizing 30 litres of arrack

from a Maruti Alto car bearing Reg.No. KL-07-

AB 9157. Petitioner says that, he has no role

in the incident; apprehending arrest, he has

moved for bail under Section 438 of the

Cr.P.C.

2. Learned counsel for the petitioner

submits that, the petitioner has no

antecedent, 1st accused is inimically disposed

towards him, who is a habitual offender of the BAIL APPL. NO. 4731 OF 2021

Abkari cases; petitioner used to give tips to

the Abkari Officials against the illicit

activities of the other accused and now on

that basis he is being purposefully roped in

with malicious intention. He also invited my

pointed attention to Annexure A2 Mahazar and

said that, 4th and 5th accused have already

been taken into custody and the prosecution

cannot say that they had given any hint

regarding the culpability of the petitioner.

3. I heard the learned Public

Prosecutor also. After having heard counsel on

both sides, I do not think that, in the nature

of the allegations,the custodial interrogation

of the petitioner is warranted. It is revealed

that a country boat of the petitioner was used

for the transport of items for the illegal

brewing of arrack. Any how, if the petitioner

is prepared to co-operate with the

investigation, the prosecution does not have

any objection in granting him bail.

BAIL APPL. NO. 4731 OF 2021

4. In the circumstances the

petitioner shall be at liberty to surrender

before the investigating officer within ten

days from today and will make himself

available for interrogation; in the event of

arrest, he shall be released on bail on

executing a bond for Rs.50,000/- (fifty

thousand rupees only)with two solvent sureties

each for the like sum to the satisfaction of

the investigating officer; he shall co-operate

with the investigation, shall not try to

contact or influence the witnesses or tamper

with the evidence; shall not involve in any

crime during the period on bail.

Bail Application is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/28.06.21