Kerala High Court
Hariprasad vs State Of Kerala on 3 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
BAIL APPL. NO. 6625 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMP 1532/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, HARIPAD, ALAPPUZHA
PETITIONER/ACCUSED:
HARIPRASAD
AGED 21 YEARS
S/O. HARIKUTTAN, RESIDING @ THANDASSERITHEKKATHIL,
MUTHUKULAM, KATHIKAPALLY TALUK, ALAPPUZHA - 690516.
BY ADV R.KISHORE (KALLUMTHAZHAM)
RESPONDENT/STATE:
1 STATE OF KERALA
TO BE REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - PIN - 682031.
2 EXCISE INSPECTOR
EXCISE RANGE OFFICE, KAYAMKULAM, ALAPPUZHA - 690502.
MANU.PG -SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6625 OF 2021
2
ORDER
Application for regular bail.
The petitioner the accused in Crime No.116/2021 of
Kayamkulam Excise Range, registered for the offences punishable
under Sections 8(1) and 8(2) of the Kerala Abkari Act, has moved
this application for his release on bail.
2. The petitioner has been in custody since 16.08.2021.
3. The prosecution case is that on 16.08.2021 at about
07.00 a.m, this petitioner was found in possession of 24.8 litres of
arrack kept in the property of his father, in contravention of the
provisions of the Abkari Act and thereby committed the aforesaid
offences.
4. According to the learned counsel for the petitioner, he is
totally innocent of the allegations levelled against him and he is a
student pursuing his studies and he is also making preparations to
participate in a competition as he is a body builder. So he is having
so many enemies and thus he has been falsely implicated in the
case at the instance of somebody. Hence, this application.
5. The learned Public Prosecutor has vehemently opposed
this application pointing out that large quantity of illicit arrack is
BAIL APPL. NO. 6625 OF 2021
involved in this case and if bail is granted to him at this stage within
a few days of his arrest, it will give a wrong message to those
persons, who are dealing with illicit arrack.
It is true that he has been arrested only on 16.08.2021. But
the petitioner is aged only 21 years, having absolutely no criminal
background. Having regard to the fact that, he has no criminal
antecedents and that the investigation has progressed considerably,
I think that he can be released on bail subject to the following
conditions: (This order will be in force only from 06.09.2021).
(i) The petitioner shall be released on bail on his
executing a 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.
(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
BAIL APPL. NO. 6625 OF 2021
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 learned
Magistrate is empowered to cancel the bail in accordance with the
law.
Sd/-
SHIRCY V.
JUDGE
mpm
