Kerala High Court
Roby Joy vs State Of Kerala on 23 September, 2021
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. 6783 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1240/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, HARIPAD, ALAPPUZHA
CRIME NO.113 OF 2021 OF EXCISE RANGE OFFICE, KAYAMKULAM
PETITIONER/ACCUSED :-
ROBY JOY,
AGED 47 YEARS
S/O. JOY, ROSHINI VILLA, VALIYAKUZHI MURI,
CHEPPAD VILLAGE, KARTHIKAPILLI TALUK,
ALAPPUZHA DISTRICT 690 507.
BY ADV M.G.SREEJITH
RESPONDENT/STATE & COMPLAINANT :-
1 STATE OF KERALA,
REPRESENTED THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI 682 031.
2 THE EXCISE INSPECTOR,
EXCISE RANGE OFFICE, KAYAMKULAM P.O.,
ALAPPUZHA DISTRICT 688 011
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. 6783 OF 2021
2
ORDER
Application for regular bail.
2. The petitioner who is the sole accused in
Crime No.113 of 2021 of the Excise Range Office,
Kayamkulam registered for the offences punishable
under Sections 8(1) & (2), 67B and 55(g) of the
Kerala Abkari Act, has moved this application for his
release on bail.
3. The prosecution allegation is that on
15.08.2021 at about 01.00 pm this petitioner was
found in possession and transportation of 5 litres of
illicit arrack in his Activa Scooter bearing
registration No.KL-29/J 9753 through the public road
at South of Puthenkulangara Junction, Evoor South
Muri, Pathiyoor Village in contravention of the
provisions of the Abkari Act. A search was also
conducted by the Excise Officials immediately and
they could seize 300 litres of wash and utensils kept
of illicit distillation of arrack and thus he has
been booked for the aforesaid offences.
BAIL APPL. NO. 6783 OF 2021
4. The petitioner has been in custody since
15.08.2021.
5. Heard the learned counsel for the petitioner
as well the learned Public Prosecutor.
6. The learned counsel for the petitioner would
submit that he is engaged with catering works but he
never kept any contraband article as alleged by the
prosecution. But he is undergoing incarceration for
more than a month.
7. The learned Public Prosecutor has submitted
that the petitioner has no criminal antecedents and
now the investigation of the case has progressed
considerably.
Though there is absolutely no records to show
that he is engaged with the catering works, taking
into consideration of the present stage of
investigation, the period of detention undergone by
him in judicial custody, as well the other facts and
circumstances involved in this case, I am inclined to
release him on bail subject to the following
conditions :-
BAIL APPL. NO. 6783 OF 2021
(i) The petitioner shall be released on bail on
executing a 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) 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
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
