Kerala High Court
Vijayan vs State Of Kerala on 6 October, 2021
BAIL APPL. NO. 7484 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
BAIL APPL. NO. 7484 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1911/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,ADIMALI, IDUKKI
(CRIME NO.75 OF 2021 OF EXCISE RANGE OFFICE, ADIMALY)
PETITIONER/ACCUSED
VIJAYAN
AGED 48 YEARS
S/O PANDIYAN CHAKKAN, AGP 6/198, MACHIPLAVU KUDY,
MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI
DISTRICT.
BY ADV PRINCE JOSE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031 (CRIME NO.75/2021 OF EXCISE
RANGE OFFICE, IDUKKI DISTRICT).
OTHER PRESENT:
SMT. SREEJA.V- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7484 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.75/2021 of Excise
Range Office, Adimaly, Idukki registered for the offences punishable
under section 55(g) of the Kerala Abkari Act.
3. He has been in custody since 01.09.2021.
4. The allegation is that on 01.09.2021 at about 5.20 p.m this
petitioner was found in possession of 70 litres of wash kept for the
purpose of illegal distillation of arrack, in contravention of the
provisions of the Kerala Abkari Act and thereby 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.
7. The learned Public Prosecutor has submitted that the
contraband was seized from the property of the petitioner. But it is
reported that he is not having any criminal antecedents.
8. It appears from the records that the investigation of the case
has progressed considerably and the investigating agency could
submit the report within the stipulated time.
9. Having regard to the nature of the accusation levelled against
the petitioner, the period of detention undergone by him in judicial
custody as well the present stage of investigation, 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.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, 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
