Citation : 2021 Latest Caselaw 23417 Ker
Judgement Date : 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
BAIL APPL. NO. 8886 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1813/2021 OF DISTRICT COURT &
SESSIONS COURT, THRISSUR
CRIME NO. 1127 OF 2021 OF PERAMANGALAM POLICE STATION
PETITIONER/ACCUSED:
SATYAN
AGED 49 YEARS
S/O. AYYAPPAN, MUCHILLUPARAMBIL HOUSE, NEAR PHC, MUNDUR
VILLAGE, THRISSUR.
BY ADVS.
V.A.JOHNSON (VARIKKAPPALLIL)
P.D.BABY JOHN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 031
OTHER PRESENT:
SREEJA.V- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.8886/2021
2
ORDER
Dated this the 25th day of November, 2021
Application for regular bail.
2. This petitioner is the sole accused in Crime No. 1127 of
2021 of Peramangalam Police Station registered for the offences
punishable under Sections 55(a), 55(i), 13 and 63 of the Kerala
Abkari Act.
3. The petitioner has been in custody since 08.10.2021.
4. The prosecution allegation is that on 08.10.2021 at
about 9.25 p.m. the petitioner was found in possession of 50.5
litres of Indian made foreign liquor kept for the purpose of sale
in contravention of the provisions of the Kerala Abkari Act and
thereby committed the aforesaid offences.
5. The learned Public Prosecutor on instruction submits that
this petitioner has no criminal antecedents and now the
investigation in this case is practically over. B.A.8886/2021
6. Considering the period of detention undergone by the
petitioner, the quantity of the contraband involved and the
present stage of investigation, I am inclined to release him on
bail.
Therefore, this application is allowed subject to the
following conditions:
(i) The petitioner shall be released on bail on his 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) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(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. B.A.8886/2021
In case of violation of any of the above conditions, the
jurisdictional court is empowered to cancel the bail in
accordance with the law.
Sd/-
SHIRCY V.
JUDGE
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