Kerala High Court
Mohammed Shafeeq vs State Of Kerala on 9 September, 2021
BAIL APPL. NO. 6165 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
BAIL APPL. NO. 6165 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 849/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,KASARAGOD, KASARGOD
(CRIME NO.174 OF 2021 OF KASARAGOD EXCISE RANGE, KASARAGOD)
PETITIONERS
1 MOHAMMED SHAFEEQ,
AGED 26 YEARS
SON OF ABDUL KHADER, RESIDING AT KUTTIAN VALAPP VEEDU,
BEACH ROAD, KASARAGOD VILLAGE, KASARAGOD TALUK.
2 K.N. BALAKRISHNA HOLLA,
AGED 45 YEARS
S/O. NARAYANA HOLLA, R/AT SREE BALAJI VEEDU, BEACH ROAD,
KASARAGOD VILLAGE, KASARAGOD TALUK.
BY ADV A.ARUNKUMAR
RESPONDENT/COMPLAINANT AND STATE
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031
OTHER PRESENT:
SRI MANU.P.G- SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6165 OF 2021 2
ORDER
Application for regular bail filed under Section 439 of the Code of
Criminal Procedure.
2. The petitioners are the accused Nos.1 and 2 in Crime No. 174 of
2021 of Kasaragod Excise Range registered for the offences punishable
under Section 58 of Abkari Act.
3. They have been in custody since 02.08.2021.
4. The allegation is that on 02.08.2021 at about 9.15 p.m the
petitioners were found in possession of 198.72 litres of Indian Made
Foreign Liquor concealed in a Mahindra Xylo car bearing Reg.No. KL 14 Z
3702 and proceeding through the public road lying near Madona School,
Kasaragod, which is meant for sale in Karnataka State, in contravention
of the provisions of the Abkari Act. They were apprehended by the excise
officials and thus they were booked for the said charge.
5. Heard the learned counsel for the petitioners as well the learned
Public Prosecutor.
6. The learned counsel for the petitioners would submit that they
have no connection with the alleged seizure of contraband by the excise
officials. They were falsely implicated in the case and they are undergoing
unnecessary incarceration for the last more than one month.
7. The learned Public Prosecutor opposed the application
contending that the investigation of the case is only in progress.
8. Though the investigation of the case is not over, considering the
period of detention undergone by them in judicial custody and the fact
that they have no criminal antecedents, I am inclined to release them on
bail subject to the following conditions.
(i) The petitioners shall be released on bail on each of them executing
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 petitioners shall appear before the investigating officer on
alternate Saturdays of every month for for a period of two months or till
filing of the final report.
(iii) The petitioners 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 petitioners shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned
Magistrate/Judge is empowered to cancel the bail in accordance
with the law.
Sd/-
SHIRCY V.
JUDGE
smm
