Sreedharan V.K vs State Of Kerala
2021 Latest Caselaw 19834 Ker

BAIL APPL. NO. 7158 OF 2021           1




              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. 7158 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 2934/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS ,TALIPARAMBA, KANNUR
   (CRIME NO.141 OF 2021 OF ALAKODE EXCISE RANGE OFFICE, KANNUR)
PETITIONER/ACCUSED

            SREEDHARAN V.K
            AGED 65 YEARS
            S/O. KANNAN, VANIYAKANDI HOUSE,
            THALAVIL, THIMIRI AMSOM, THAKAVIL DESOM, TALIPARAMBA
            TALUK, KANNUR DISTRICT.
            BY ADVS.
            C.MURALIKRISHNAN (PAYYANUR)
            ABRAHAM GEORGE JACOB


RESPONDENTS/STATE AND COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, PIN-682031.
    2       INSPECTOR,
            EXCISE RANGE OFFICER, ALAKODE, KANNUR DISTRICT,PIN-
            670571.

OTHER PRESENT:

            SMT. SREEJA.V- SR.P.P



     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 7158 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.141 of 2021 of

Alakode Excise Range Office, Kannur registered for the offences

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

3. He has been in custody since 01.09.2021.

4. The allegation is that on 01.09.2021 at about 8.15 a.m the

petitioner was found in possession of 5 litres of arrack kept for the

purpose of sale by the excise officials, in contravention of the provisions

of the Abkari Act and thus he has been booked in this crime.

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 on instructions has submitted that

the investigation of the case is well in progress and also that he has no

criminal antecedents.

8. Considering the quantity of the contraband involved, the present

stage of investigation as well 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

jurisdictional court is at liberty to cancel the bail in accordance

with the law.

Sd/-

SHIRCY V.

JUDGE smm