Kerala High Court
Satheesan. A vs State Of Kerala on 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. 8851 OF 2021
CRIME NO.111 OF 2020 OF HOSDURG EXCISE RANGE, KASARAGOD DISTRICT
AGAINST THE ORDER/JUDGMENT IN CMP 2785/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, HOSDRUG, KASARGOD
PETITIONER/ACCUSED:
SATHEESAN. A.,
AGED 32 YEARS
S/O. GOPALAN.T., THACHANGAD HOUSE,
KUNNUMBARA DESOM, PANAYAL VILLAGE,
HOSDURG TALUK - 671 316.
BY ADV P.K.SUBHASH
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER,
(CR. NO. III/2020 HOSDURG EXCISE RANGE,
KASARAGOD DISTRICT -671 315).
NOUSHAD.K.A- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8851 OF 2021
2
ORDER
Application for regular bail.
2. The petitioner who is the sole accused in Crime
No.111/2020 of Hosdurg Excise Range, Kasaragod District
registered for the offence punishable under Section 58 of the Kerala
Abkari Act, has moved this application for his release on bail.
3. The petitioner has been in custody since 10.11.2021.
4. The prosecution allegation is that on 15.06.2020 at
about 1.45 p.m., the petitioner was found in possession of 1.440
litres of Indian Made Foreign Liquor kept for the purpose of sale, in
contravention of the provisions of the Kerala Abkari Act and thus he
was apprehended and the contraband was seized by the excise
officials.
5. The learned counsel for the petitioner has raised a plea
of false implication.
6. The learned Public Prosecutor has opposed the
application highlighting that he was caught red handed with the
contraband article.
7. As per the report of the learned Public Prosecutor this
petitioner has no criminal antecedents. Now the investigation of
the case is practically over. Therefore, considering the quantity of
BAIL APPL. NO. 8851 OF 2021
the contraband involved, the present state of investigation as well
the period of detention undergone by him in judicial custody, I am
inclined to release him on bail 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.
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
mpm
