Shaijan vs State Of Kerala
2021 Latest Caselaw 19488 Ker

BAIL APPL. NO. 6726 OF 2021            1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                       BAIL APPL. NO. 6726 OF 2021
AGAINST THE ORDER/JUDGMENT IN MP 3230/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS ,CHAVAKKAD, THRISSUR
  (CRIME NO.53 OF 2021 OF VATANAPPALLY EXCISE RANGE, THRISSUR)
PETITIONER/ACCUSED

            SHAIJAN
            AGED 55 YEARS
            S/O. NATARAJAN, ERANEZHATH HOUSE, THRITHALLUR,
            VATANAPPILLY VILLAGE, CHAVAKKAD TALUK, THRISSUR.
            BY ADV K.I.SAGEER


RESPONDENTS/STATE AND COMPLAINANT

    1       STATE OF KERALA
            REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM - 682031.
    2       EXCISE INSPECTOR
            EXCISE RANGE, VATANAPPALLY, THRISSUR - 680614.

OTHER PRESENT:

            SMT SREEJA.V -SR.P.P



     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6726 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.53 of 2021 of

Vatanappilly Excise Range, Vatanappilly registered for the offences

punishable under Sec.55(a), 55(i), 13 and 63 of the Abkari Act .

3. He has been in custody since 15.08.2021.

4. The allegation is that on 15.08.2021 at about 11.45 a.m, he

was found in possession of 30 litres of Indian Made Foreign Liquor kept

for sale in Vatanappilly village, 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.

7. The learned Public Prosecutor has fairly submitted that the

investigation of the case has progressed considerably and it is nearing

completion.

8. Considering the nature of accusations levelled against the

petitioner, the period of detention undergone by him in judicial custody

and the other facts and circumstances involved in this case, 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/Judge is empowered to cancel the bail in

accordance with the law.

Sd/-

SHIRCY V.

JUDGE smm