Kerala High Court
Reghu.S vs State Of Kerala on 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
BAIL APPL. NO. 2102 OF 2022
AGAINST THE ORDER/JUDGMENT IN Bail Appl. 7452/2021 OF HIGH
COURT OF KERALA
PETITIONER:
REGHU.S
AGED 55 YEARS
CHARUVILAPUTHANVEEDU,MOORTHIVILA, MYLADUMPARA,
PANTHAPLAVU P.O PATTAZHY VILLAGE,PATHANAPURAM
TALUK, KOLLAM, PIN - 691522
BY ADVS.
SAIJO HASSAN
BENOJ C AUGUSTIN
RAFEEK. V.K.
P.PARVATHY
RENJINI M. RENJITH
ABHIRAMI DINESH
RESPONDENT:
STATE OF KERALA
REP.BY THE PUBLIC PROSECUTOR HIGHCOURT OF KERALA
ERNAKULAM
ERNAKULAM, PIN - 682031
SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO.2102 OF 2022
2
ORDER
Petitioner is the accused in Crime No.146/2021 of
Pathanapuram Excise Range Office, Kollam district alleging
commission of offences under Sections 55(i) of the Kerala Abkari
Act.
2. The allegation against the petitioner is that, on
08.08.2021, the petitioner was found in possession of 3.750 litres
of Indian Made Foreign Liquor while conducting illegal sale in
contravention of the provisions of the Abkari act under rules
framed thereunder.
3. The learned counsel appearing for the petitioner
submits that the petitioner is absolutely innocent in the matter.
It is submitted that the petitioner has not engaged in illegal sale
of Indian Made Foreign Liquor. It is submitted that arrest of the
petitioner was recorded on 07.03.2022 and his continued
detention is not necessary for the purposes of any investigation.
It is submitted that no criminal antecedents are reported against
the petitioner.
4. Heard the learned Public Prosecutor also.
BAIL APPL. NO.2102 OF 2022
5. Having regard to the facts and circumstances of the
case and being on the opinion that the continued detention of the
petitioner is not necessary for the purposes of investigation, I am
of the opinion that the petitioner may be granted bail subject to
conditions.
6. In the result these 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 a bond for a sum of
Rs.50,000/- (Rupees fifty thousand only) with two solvent
sureties each for the like sum to the satisfaction of the
jurisdictional Court separately in each of the crimes registered
against him;
(ii) The petitioner shall appear before the investigating officer
in Crime No.146/2021 of Pathanapuram Excise Range Office,
Kollam district as and when called upon to do so.
(iii) The petitioner shall not attempt to interfere with the
investigation, influence or intimidate any witness in Crime
No.146/2021 of Pathanapuram Excise Range Office, Kollam
district;
BAIL APPL. NO.2102 OF 2022
(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.146/2021 of Pathanapuram
Excise Range Office, Kollam district may file an application
before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
AJ
BAIL APPL. NO.2102 OF 2022
APPENDIX OF BAIL APPL. 2102/2022
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF ORDER DATED 8.3.2022
PASSED BY THE JUDICIAL MAGISTRATE OF FIRST
CLASS PATHNAPURAM IN C.M.P 223/2022
