Kerala High Court
Kumar vs State Of Kerala on 8 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA,
1945
BAIL APPL. NO. 10792 OF 2023
CRIME NO.235/2023 OF Agali Excise Range Office, Palakkad
AGAINST THE ORDER/JUDGMENT CMP 4407/2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS , MANNARKAD
PETITIONER
KUMAR
AGED 32 YEARS
S/O.MARUTHAN, MELEMULLI DESOM, MELEMULLI OORU,
PUDUR VILLAGE, ATTAPPADI TRIBAL TALUK, PALAKKAD
DISTRICT, PIN - 678581
BY ADVS.
BABU S. NAIR
PRANAV
RESPONDENT
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE EXCISE INSPECTOR
EXCISE RANGE OFFICE, AGALI, PALAKKAD DISTRICT,
PIN - 678581
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI. M.C. ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 10792 of 2023
2
MOHAMMED NIAS C.P, J.
---------------------------------------------
B.A. No.10792 of 2023
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Dated this the 8th day of December, 2023
ORDER
This application is filed under Section 439 of the Code of
Criminal Procedure seeking regular bail.
2. The petitioner is the sole accused in Crime No.235 of
2023 of Agali Excise Range Office, Palakkad for having
committed an offence punishable under Sections 8(1), 8(2) and
55(g) of the Abkari Act.
3. The allegation against the petitioner is that, on 23.11.2023 at
about 4.30 p.m, the Preventive Officer attached to Excise Range
Office, Agali and party detected 4 litres of arrack and 36 litres of
wash, illegally kept inside of the house of the petitioner, in
contravention of the provisions of the Act and thereby, he
committed the offences alleged against him.
4. The learned counsel appearing for the petitioner would say
that the petitioner is totally innocent and falsely implicated with
ulterior motives. At any rate, he points out that the petitioner is in
custody from 24.11.2023 and continued custody of the petitioner
is unnecessary.
5. The learned Public Prosecutor opposed the petition and points
out that the petitioner is not entitled to bail.
6. After having considered the submissions of the learned
counsel for the petitioner and learned Public Prosecutor and
considering the nature of the offences committed by the
petitioner and the quantity involved and the fact that he has been
in custody from 24.11.2023 and also since there is no
apprehension raised by the prosecution that if released on bail
the petitioner is likely to abscond, I hold that bail can be granted
to the petitioner.
Accordingly, this application is allowed, and the petitioner is
granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a
bond for Rs.50,000/- (Rupees fifty thousand only) with two
solvent sureties each for the like sum to the satisfaction of
the jurisdictional court;
(ii) The petitioner shall report before the Investigating
Officer as and when directed;
(iii) The petitioner shall not tamper or attempt to tamper
with the evidence or influence or try to influence the
witnesses;
(iv)The petitioner shall not be involved in any other crime
while on bail;
(v) If any of the conditions are violated, the court
concerned will be empowered to take steps for
cancellation of bail as per law.
Sd/-
MOHAMMED NIAS C.P
smm JUDGE
APPENDIX OF BAIL APPL. 10792/2023
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE ORDER DATED, 24-11-
2023 IN C.M.P.NO.4407/2023 OF THE
J.F.C.M., MANNARKKAD
