Binu vs State Of Kerala
2021 Latest Caselaw 20089 Ker

BAIL APPL. NO. 6534 OF 2021            1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
    FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                      BAIL APPL. NO. 6534 OF 2021
    AGAINST THE ORDER/JUDGMENT IN CRMP 1316/2021 OF JUDICIAL
    MAGISTRATE OF FIRST CLASS ,KATTAKADA, THIRUVANANTHAPURAM
(CRIME NO.93 OF 2021 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM)
PETITIONER

             BINU,
             AGED 48 YEARS
             S/O. VELUKKUTTY, ASWATHY BHAVAN, CHIRAKONAM, KOKKUDI,
             KATTAKADA TALUK, THIRUVANANTHAPURAM 695 572.
             BY ADV M.R.SASITH


RESPONDENT/STATE

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

OTHER PRESENT:

             SMT. SREEJA .V- SR.PUBLI PROSECUTOR



     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6534 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.93 of 2021 of

Aryanad Range Office registered for the offences punishable under

Sections 55(g) of the Abkari Act.

3. He has been in custody since 14.08.2021.

4. The allegation is that on 14.08.2021 at about 6.45 p.m the

petitioner was found in possession of 80 litres of wash kept in his

residential house for the purpose of illicit distillation of arrack, in

contravention of the provisions of the Abkari Act and thereby the excise

officials have booked him in this case.

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. In fact, no

contraband was seized from his residence as alleged by the

prosecution. But he is undergoing unnecessary incarceration.

7. The learned Public Prosecutor on instructions submit that now

the investigation of the case is almost over and no criminal antecedents

have been reported against this petitioner.

8. Considering the nature of accusation levelled against the

petitioner, the period of detention undergone by him in judicial

custody,the present stage of investigation as well the fact that he has

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 his executing 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)The petitioner shall appear before the investigating officer twice in a month ie; on every first Monday between 10.30 a.m and 11.30 noon, for a period of two months

(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