Jagadeesha Shetty vs The Station House Officer
2021 Latest Caselaw 18399 Ker

BAIL APPL. NO. 6682 OF 2021           1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                       BAIL APPL. NO. 6682 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CMP 865/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS ,KASARAGOD, KASARGOD
     (CRIME NO.148 OF 2021 OF KUMBLA EXCISE RANGE, KASARAGODE)
PETITIONER/ACCUSED

            JAGADEESHA SHETTY
            AGED 48 YEARS
            S/O.SUBBANNA SHETTY, BADOORK, ANABAGILYU, BADOOR
            VILLAGE, MANJESHWAR, KASARAGODE
            BY ADV T.G.RAJENDRAN


RESPONDENTS/COMPLAINANT AND STATE

    1       THE STATION HOUSE OFFICER
            EXCISE RANGE OFFICE, KUMBLA, KASARAGODE 671 321
    2       THE STATE OF KERALA
            REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM 682 031


            SMT. SREEJA.V- SR.P.P



     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6682 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.148 of 2021 of

Kumbala Excise Range, Kasaragode registered for the offences punishable

under Section 58 of the Abkari Act. .

3. He has been in custody since 11.08.2021.

4. The allegation is that on 10.08.2021 at about 6.45 p.m the

petitioner was found in possession of 5.04 litres of Indian Made Foreign

Liquor meant for sale in the state of Karnataka and engaged with

transportation of the same through National Highway, in contravention of

the provisions of the 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 submitted that he is

totally innocent of the allegations levelled against him . Hence, this

application.

7. The learned Public Prosecutor has fairly submitted that this

petitioner is having no criminal antecedents.

8. Considering the present stage of investigation which is nearing

completion as submitted by the learned Public Prosecutor, the period of

detention undergone by him in judicial custody as well the quantity of the

contraband involved, 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

learned Magistrate is empowered to cancel the bail in accordance

with the law.

Sd/-

SHIRCY V.

JUDGE smm