Sabeesh C.R vs State Of Kerala
2021 Latest Caselaw 20926 Ker

BAIL APPL. NO. 7645 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. 7645 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1453/2021 OF DISTRICT COURT
                 & SESSIONS COURT,THRISSUR, THRISSUR
            (CRIME NO.29 OF 2021 OF KOLAZHI EXCISE RANGE)
PETITIONER/ACCUSED

            SABEESH C.R,
            AGED 35 YEARS
            S/O.RAGHAVAN, CHANTHANATU HOUSE, P.O.KAIPARAMBU,
            PUTHUR, THRISSUR.
            BY ADVS.
            S.RAJEEV
            K.K.DHEERENDRAKRISHNAN
            V.VINAY
            M.S.ANEER


RESPONDENT/COMPLAINANT/STATE

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM. (CRIME NO.29/2021 OF KOLAZHI
            EXCISE RANGE, THRISSUR-680010).

OTHER PRESENT:

            SRI. NOUSHAD.K.A- 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. 7645 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.29 of 2021 of

Kolazhi Police Station registered for the offences punishable under

Sections 8(1) & (2) of the Kerala Abkari Act.

3. He has been in custody since 09.09.2021.

4. The allegation is that on 25.05.2021 at about 11.00 a.m this

petitioner was found in possession of 1 litre of arrack at Puthur

Desom, kept for sale in contravention 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. A perusal of the records would show that the investigation

of the case is well in progress.

7. The learned Public Prosecutor has submitted that he is not

having any criminal antecedents.

8. Having regard to the quantity of the contraband involved,

the period of detention undergone by him in 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 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