Jineesh vs State Of Kerala
2021 Latest Caselaw 19835 Ker

BAIL APPL. NO. 7155 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. 7155 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CRMC 1889/2021 OF II ADDITIONAL
                   DISTRICT COURT,ERNAKULAM, ERNAKULAM
     (CRIME NO.41 OF 2021 OF EXCISE RANGE OFFICE, NJARAKKAL)
PETITIONER/ACCUSED

            JINEESH
            AGED 41 YEARS
            S/O.SADAN, POTTASSERI(H), PAZHANGAD KARA, EDAVANAKAD
            VILLAGE, KOCHI TALUK.
            BY ADV M.VIVEK


RESPONDENT/COMPLAINANT:

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

OTHER PRESENT:

            SRI.MANU.P.G- SR.PP



     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 7155 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.41 of 2021 of Excise

Range Office, Njarakkal registered for the offences punishable under

Sections 55(i) & 67B 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 12.30 p.m the

petitioner was found in possession of 3.5 litres of Indian Made Foreign

Liquor 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 submitted that he is

totally innocent of the allegations levelled against him. Hence, this

application.

7. The learned Public Prosecutor has fairly submitted that he is

not having any 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