Rajesh vs State Of Kerala
2021 Latest Caselaw 19825 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
    THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                      BAIL APPL. NO. 6744 OF 2021
     AGAINST THE ORDER/JUDGMENT IN CRMP 1548/2021 OF JUDICIAL
            MAGISTRATE OF FIRST CLASS, KUNNAMKULAM, THRISSUR
            CRIME NO.47 OF 2021 OF KUNNAMKULAM EXCISE RANGE


PETITIONER/ACCUSED :-

             RAJESH
             AGED 36 YEARS
             VAIDYARKUNIYIL HOUSE, AZHIYUR,
             ANDICOMPANY DESOM, AZHIYUR VILLAGE,
             VADAKARA, KOZHIKODE DISTRICT.

             BY ADV P.P.HASHICK



RESPONDENT/COMPLAINANT :-

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682 031.



             SMT.SREEJA.V- SR.PUBLIC PROSECUTOR




     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6744 OF 2021
                                     2

                                   ORDER

Application for regular bail.

2. The petitioner who is the sole accused in

Crime No.47 of 2021 of the Excise Range Office,

Kunnamkulam registered for the offences punishable

under Sections 67B and 58 of the Kerala Abkari Act,

has moved this application for his release on bail.

3. The prosecution allegation is that on

29.07.2021 at about 6.30 am this petitioner was

found in possession and transportation of 135 litres

of Indian Made Foreign Liquor in a car bearing

registration No.KL-07-BE-0410 in contravention of

the provisions of the Abkari Act, by the Excise

officials. Thus he has been apprehended and booked

for the aforesaid offences.

4. The petitioner has been in custody since

29.07.2021.

5. Heard the learned counsel for the petitioner

as well the learned Public Prosecutor.

6. The learned counsel for the petitioner would BAIL APPL. NO. 6744 OF 2021

submit that he is totally innocent of the allegation

levelled against him.

7. The learned Public Prosecutor has submitted

that the petitioner has no criminal antecedents. Now

the investigation of the case has progressed

considerably and the prosecution will able to submit

the final report within no time.

Having considered the present stage of

investigation, the period of detention undergone by

him in judicial custody as well the fact that he is

having no criminal antecedents, I am inclined to

release him on bail subject to the following

conditions :-

(i) The petitioner shall be released on bail on executing a 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) He shall appear before the investigating officer on first Monday of every month between 10.30 am and 11.30 am for a period of two months or till filing of the final report, whichever is earlier.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts BAIL APPL. NO. 6744 OF 2021

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 SMA