Suresh. P vs State Of Kerala
2021 Latest Caselaw 21982 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                       BAIL APPL. NO. 8317 OF 2021
      CRIME NO.772/2021 OF Chandera Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT IN CMP 4207/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -I,HOSDRUG, KASARGOD


PETITIONER/ACCUSED :-

            SURESH. P
            AGED 42 YEARS
            S/O. SHANKARAN, R/AT PAITHALAN HOUSE,
            MAVILANGAD COLONY, UDUMBATHALA, SOUTH
            THRIKARIPURVILLAGE, HOSDURG TALUK.

            BY ADV A.ARUNKUMAR


RESPONDENT/COMPLAINANT/STATE :-

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

            BY SRI NOUSHAD K.A, SR.PP


     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8317 OF 2021
                                     2

                                ORDER

Application for regular bail.

2. The petitioner who is the sole accused in

Crime No.772 of 2021 of Chandera Police Station,

Kasargod District registered for the offence

punishable under Section 55(i) of the Kerala Abkari

Act, has moved this application for his release on

bail.

3. The prosecution allegation is that on

18.10.2021 at about 17.25 hours this petitioner was

found in possession of 2.5 litres of Indian Made

Foreign Liquour kept for the purpose of sale, in

contravention of the provisions of the Abkari Act,

by the S.I of Police, Chandera Police

Station. Thereby, he has been booked for the

aforesaid offence.

4. The petitioner has been in custody since

19.10.2021.

5. Heard the learned counsel for the petitioner

as well the learned Public Prosecutor. BAIL APPL. NO. 8317 OF 2021

6. The learned counsel for the petitioner would

submit that he is totally innocent of the allegation

levelled against him. But he is undergoing

incarceration since the date of his arrest.

7. The learned Public Prosecutor has submitted

that the petitioner has no criminal antecedents and

now the investigation of the case is well in

progress.

Having regard to the nature of accusation

levelled against this petitioner, the present stage

of investigation, the period of detention undergone

by him in judicial custody, as well the other facts

and circumstances involved in this case, I am

inclined to release him on bail subject to the

following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii)The petitioner shall not directly or BAIL APPL. NO. 8317 OF 2021

indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above

conditions, the learned Magistrate/Judge is empowered

to cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

JUDGE SMA