Ninal vs State Of Kerala
2021 Latest Caselaw 20326 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                      BAIL APPL. NO. 7446 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 1430/2021 OF DISTRICT COURT &
                   SESSIONS COURT,THRISSUR, THRISSUR
  CRIME NO.55 OF 2021 OF KOLAZHI EXCISE RANGE, THRISSUR DISTRICT


PETITIONER/ACCUSED :-

            NINAL
            AGED 37 YEARS
            S/O.SUBRAMANIAN, NJALLERI HOUSE, M.G.KAVU,
            KONCHERY ROAD, DESOM,
            KILLANNUR VILLAGE,
            THRISSUR.

            BY ADVS.
            V.P.PRASANTH
            GEORGE BRISTON
            PREEJA V.P.



RESPONDENT/COMPLAINANT :-

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            ERNAKULAM, KOCHI-682031.



            SMT.SREEJA.V- SR.PUBLIC PROSECUTOR




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 7446 OF 2021
                                     2

                                   ORDER

Application for regular bail.

2. The petitioner who is the sole accused in

Crime No.55 of 2021 of the Kolazhy Excise Range,

Thrissur registered for the offences punishable under

Sections 8(1) & (2), 55 (a) & 67B of the Kerala

Abkari Act, has moved this application for his

release on bail.

3. The prosecution allegation is that on

29.08.2021 at about 12.30 pm this petitioner was

found in possession and concealed 3 litres of arrack

and 6 litres of Indian Made Foreign Liquour in his

TVS Scooter bearing registration No.KL-48/N 9476,

parked in front of the courtyard of his house, in

contravention of the provisions of the Abkari Act.

Thereby, he has been booked for the aforesaid

offences.

4. The petitioner has been in custody since

29.08.2021.

5. Heard the learned counsel for the petitioner BAIL APPL. NO. 7446 OF 2021

as well the learned Public Prosecutor.

6. The learned counsel for the petitioner would

submit that he has not committed any offence as

alleged by the prosecution.

7. The learned Public Prosecutor has submitted

that the petitioner has no criminal antecedents and

now the investigation of the case has progressed

considerably.

Having regard to the nature of accusation

levelled against this petitioner, 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 :-

(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 for interrogation as and when required by him, in writing.

(iii)The petitioner shall not directly or BAIL APPL. NO. 7446 OF 2021

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