Saju K. S vs State Of Kerala
2021 Latest Caselaw 22968 Ker

BAIL APPL. NO. 8826 OF 2021         1




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MRS. JUSTICE SHIRCY V.
 TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                 BAIL APPL. NO. 8826 OF 2021
    CRIME NO.70/2021 OF North Paravur Excise Range Office,
                             Ernakulam
AGAINST THE ORDER/JUDGMENT IN CRMC 2413/2021 OF II ADDITIONAL
             DISTRICT COURT,ERNAKULAM, ERNAKULAM
PETITIONER/ACCUSED

          SAJU K. S.
          AGED 32 YEARS
          S/O SANDHYAVU, KATTASSERY HOUSE, GOTHURUTH KARA,
          CHENDMANGALAM VILLAGE, PARAVUR TALUK, ERNAKULAM,
          PIN-683512.
          BY ADVS.
          PRASUN.S
          JIMMY VARGHESE
          N.A.RETHEESH
          PRAMOD DAS LOHYA


RESPONDENT/COMPLAINANT

          STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR
          HIGH COURT OF KERALA, ERNAKULAM PIN 682031
          REPRESENTING THE INSPECTOR, EXCISE RANGE OFFICE,
          NORTH PARAVUR
          BY PUBLIC PROSECUTOR, SMT. SREEJA V

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8826 OF 2021           2




                               ORDER

Application for regular bail filed under Section 439 of the

Code of Criminal Procedure.

2. The petitioner is the accused in Crime No.70 of 2021 of

Excise Range Office, North Paravur registered for the offences

punishable under Section 55(i) of the Kerala Abkari Act .

3. He has been in custody since 25.10.2021.

4. The allegation is that on 25.10.2021 at about 5.45 p.m this

petitioner was found in possession of 32 litres of Indian Made

Foreign Liquor kept for the purpose of illegal sale in contravention of

the provisions of the Abkari Act and thereby he has committed the

aforesaid offences.

5. Heard the learned counsel for the petitioner as well the

learned Public Prosecutor.

6. The learned counsel for the petitioner has raised a plea of

false implication and contended that he is totally innocent of the

allegations levelled against him.

7. But the said contention is refuted by the learned Public

Prosecutor pointing out that he was caught red handed with the

contraband articles by the excise officials.

8. It is true that 32 litres of Indian Made Foreign Liquor was

seized by the excise officials from this petitioner. But now the

investigation of the case is well in progress and in fact it is nearing

completion. The prosecution has no case that he is having any

criminal antecedents.

Therefore, I am inclined to release him on bail subject to the

following conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(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 jurisdictional court is at liberty to cancel the bail in

accordance with the law.

Sd/-

SHIRCY V.

JUDGE smm