Manikishore. K vs The State Of Kerala
2021 Latest Caselaw 21997 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. 8310 OF 2021
    CRIME NO.191/2021 OF Hosdurg Excise Range Office, Kasargod
AGAINST THE ORDER/JUDGMENT IN CMP 2009/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -II,HOSDRUG, KASARGOD


PETITIONER/ACCUSED :-

            MANIKISHORE. K
            AGED 42 YEARS
            S/O. BHASKARAN, RESIDING AT ETHANKOTTA HOUSE,
            THEKKAANAM MOTTA DESOM, KEEKKANAM VILLAGE,
            KASARAGOD DISTRICT.

            BY ADVS.
            T.MADHU
            C.R.SARADAMANI
            SHAHID AZEEZ
            RENJISH S. MENON



RESPONDENT/STATE :-

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

    2       THE EXCISE INSPECTOR,
            HOSDURG EXCISE RANGE OFFICE,
            KASARAGOD DISTRICT-671315.

            BY SMT.SREEJA V, 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. 8310 OF 2021
                                 2

                               ORDER

Application for regular bail.

2. The petitioner who is the sole accused in

Crime No.191 of 2021 of Hosdurg Excise Range Office,

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

01.10.2021 at about 01.30 pm this petitioner was found

engaged with sale of liquor in his autorickshaw

bearing Registration No.KL 14 F 4392, by the Excise

officials. In fact, he was found in possession of 11

litres of Indian Made Foreign Liquour and 7.8 litres

of beer concealed in his autorickshaw for sale, in

contravention of the provisions of the Abkari Act.

Thereby, he has been booked for the aforesaid offence.

4. The petitioner has been in custody since

01.10.2021.

5. Heard the learned counsel for the petitioner BAIL APPL. NO. 8310 OF 2021

as well the learned Public Prosecutor.

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 has progressed

considerably.

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.

BAIL APPL. NO. 8310 OF 2021

(iii)The petitioner shall not directly or 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