Sandeep vs State Of Kerala
2021 Latest Caselaw 18938 Ker

BAIL APPL. NO. 6803 OF 2021           1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MRS. JUSTICE SHIRCY V.
     FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                        BAIL APPL. NO. 6803 OF 2021
 CRIME NO.114/2021 OF Karthikappally Excise Range Office, Alappuzha
AGAINST THE ORDER/JUDGMENT IN CRMP 1508/2021 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS , HARIPAD, ALAPPUZHA
APPLICANT/SOLE ACCUSED

            SANDEEP,
            AGED 28 YEARS
            S/O.SIDHARTHAN, PATHISSERIL KIZHAKATHIL HOUSE, KARUVATTA
            POST, ALAPPUZHA DISTRICT, PIN CODE-690 517.
            BY ADVS.
            ARUN CHANDRAN
            HARIMOHAN


RESPONDENTS/STATE AND COMPLAINANT

     1      STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR, THE HIGH COURT OF
            KERALA CAMPUS, ERNAKULAM DISTRICT, PIN CODE-682 031.
     2      INSPECTOR, THE EXCISE,
            THE EXCISE RANGE, KARTHIKAPPALLY, HARIPPAD POST,
            ALAPPUZHA DISTRICT, ALAPPUZHA DISTRICT, PIN CODE-690 514.
            BY SR.PUBLIC PROSECUTOR, SRI.MANU P.G

     THIS   BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6803 OF 2021           2




                                  ORDER

Application for regular bail filed under Section 439 of the Code

of Criminal Procedure.

2. The petitioner is the sole accused in Crime No.114/2021 of

Karthikappally Excise Range, Alappuzha District registered for the offences

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

3. He has been in custody since 10.08.2021.

4. The prosecution allegation is that on 09.08.2021 this petitioner

was found in possession of 9.8 litres of arrack kept in front of the house of

one Yasodharan near Palazhy junction 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 raised a plea of false

implication. The records would reveal that the investigation of the case

has progressed considerably.

7. The learned Public Prosecutor has submitted that no criminal

antecedents have been reported against this petitioner.

8. Having regard to the nature of the accusations levelled against

the petitioner, the quantity of the contraband involved, the period of

detention undergone by him in judicial custody, 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