Santhosh P T vs State Of Kerala
2022 Latest Caselaw 9474 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                    BAIL APPL. NO. 6516 OF 2022
   Crime No.636/2022 of Badiadka Police Station, Kasargod
                             District
   AGAINST THE ORDER/JUDGMENT IN CMP 1112/2022 OF JUDICIAL
          MAGISTRATE OF FIRST CLASS -II, KASARAGOD
PETITIONER/ACCUSED:

          SANTHOSH P T
          AGED 48 YEARS
          S/O. THANKAPPAN, PUTHANPURAY8IL HOUSE, URAMBODY,
          NERAPADY, KUMBADAJE VILLAGE, KASARAGODE, PIN -
          671551
          BY ADVS.
          T.G.RAJENDRAN
          T.R.TARIN

RESPONDENT/STATE:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, ERNAKULAM, PIN - 682031
    2     STATION HOUSE OFFICER
          BADIADKA POLICE STATION,
          KASARAGODE, PIN - 671541
          BY ADV PUBLIC PROSECUTOR

OTHER PRESENT:


          SR.PP - SMT. SEETHA S.


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 25.08.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.6516 of 2022              :2:



                        VIJU ABRAHAM, J.
          -- -- -- -- -- -- -- -- -- -- -- -- --
                       B.A. No.6516 of 2022
          -- -- -- -- -- -- -- -- -- -- -- -- --
               Dated this the 25th day of August, 2022

                                  ORDER

This is an application for regular bail.

2. The petitioner is the sole accused in Crime No.636/2022 of

Badiadka Police Station, Kasargod District, alleging commission of

offence punishable under the provisions of the Abkari Act.

3. The prosecution allegation is that, on 09.08.2022, at 6.15

pm, the petitioner was found in possession of 8 litres of Indian

Made Foreign Liquor at Nerapady situated in Kumbadaje village

and thereby committed the above said offence.

4 .The learned counsel for the petitioner submitted that the

petitioner was arrested on 10.08.2022 and he is in custody since

then.

5. The learned Public Prosecutor opposed the application for

bail, but submitted that the petitioner has no other criminal

antecedents.

6. Having regard to the facts and circumstances of the case,

considering the nature of the allegations and considering the fact

that the petitioner is in custody from 10.08.2022 onwards, I am

inclined to grant bail to the petitioner subject to conditions. In the

result, the bail application is allowed. It is directed that the

petitioner shall be released on bail, subject to the following

conditions:

(i) The petitioner shall execute bond for a sum of

Rs.25,000/- (Rupees twenty five thousand only) with

two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court;

(ii) The Petitioner shall appear before the

investigating officer in Crime No.636/2022 of

Badiadka Police Station, Kasargod District as and

when required;

(iii) The petitioner shall not attempt to interfere with

the investigation or to influence or intimidate any

witness in Crime No.636/2022 of Badiadka Police

Station, Kasargod District;

(iv) The petitioner shall not involve in any other

crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.636/2022 of Badiadka Police

Station, Kasargod District, may file an application before the

jurisdictional court, for cancellation of bail.

Sd/-

VIJU ABRAHAM JUDGE sm/