Jithin vs State Of Kerala
2021 Latest Caselaw 18994 Ker

BAIL APPL. NO. 6450 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. 6450 OF 2021
 CRIME NO.60/2021 OF Wadakkancherry Excise Range Office, Thrissur
AGAINST THE ORDER/JUDGMENT IN CMP 2306/2021 OF JUDICIAL MAGISTRATE
              OF FIRST CLASS ,VADAKKANCHERRY, THRISSUR
PETITIONER/ACCUSED

            JITHIN
            AGED 28 YEARS
            S/O.JAYARAJ, KANDARATH HOUSE, PARAPPURAM DESOM, KADANGOD
            VILLAGE, KUNNAMKULAM TALUK, THRISSUR DISTRICT.
            BY ADVS.
            P.T.SHEEJISH
            P.K.PURUSH
            HARIKIRAN
            P.SREELAKSHMI
            A.ABDUL RAHMAN (A-1917)
            JASHITHA VIJAYAN
            AKHILA SRIDHARAN
            STEPHY GRACE RAJ


RESPONDENT/STATE

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM, PIN - 682 031.
            BY PUBLIC PROSECUTOR SMT. SREEJA V.

     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6450 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.60 of 2021 of

Excise Range Office, Wadakkanchery, Thrissur registered for the offences

punishable under Section 8(l) & (2) of the Kerala Abkari Act. .

3. He has been in custody since 7.8.2021.

4. The allegation is that on 7.8.2021 at 6.30 p.m the petitioner was

found in possession of 70 litres of illicit arrack kept in a house bearing

No.III/402 of Kadangod Panchayath 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 Public Prosecutor has fairly submitted that the

investigation of the case is practically over.

8. Considering the fact that the petitioner is undergoing

incarceration for the last more than one month and the investigation of

the case is nearing completion, 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