Manoj K vs The State Of Kerala
2021 Latest Caselaw 18781 Ker

B.A.No.6441 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. 6441 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 2741/2021 OF JUDICIAL MAGISTRATE
                       OF FIRST CLASS -I,HOSDRUG, KASARGOD
  (CRIME NO.157 OF 2021 OF HOSDURG EXCISE RANGE OFFICE, KASARAGOD
                                      DISTRICT)
PETITIONER/ACCUSED

              MANOJ K.
              AGED 30 YEARS
              SON OF LATE KRISHNAN, RESIDING AT THODUPPANAM DESOM,
              PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT - 671
              531.
              BY ADVS.
              T.MADHU
              C.R.SARADAMANI
              SHAHID AZEEZ


RESPONDENTS/STAE

      1       THE STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA, ERNAKULAM - 682 031.
      2       THE EXCISE INSPECTOR
              HOSDURG EXCISE RANGE OFFICE, KASARAGOD DISTRICT - 671
              314.

OTHER PRESENT:

              SRI MANU.P.G- SR.PUBLIC PROSECUTOR



      THIS    BAIL      APPLICATION    HAVING     COME   UP   FOR   ADMISSION   ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.6441 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.157/2021 of Hosdurg

Excise Range Office, registered for the offences punishable under

Sections 58 and 67-B of the Kerala Abkari Act.

3. He has been in custody since 10.08.2021.

4. As per the prosecution case the petitioner was found in

possession and engaged with transportation of 5.58 litres of Indian Made

Foreign Liquor which was meant for exclusive sale in the state of

Karnataka in two vehicles, a Maruthi car bearing Reg.No.KL 58 G 1724

and a scooter bearing Reg.No.KL 60 S 5571, 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 opposed the application

contending that he is having criminal antecedents.

As the quantity involved in this case is only 5.58 litres and the

petitioner is undergoing incarceration for last one month, 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 on alternate Saturdays for a period of two months or 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