Ashok Kumar P A vs State Of Kerala
2023 Latest Caselaw 11419 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                 BAIL APPL. NO. 9511 OF 2023
  CRIME NO.77/2023 OF MATTANNUR EXCISE RANGE OFFICE, KANNUR
AGAINST THE ORDER/JUDGMENT CRMC 2126/2023 OF DISTRICT COURT &
                  SESSIONS COURT,THALASSERY

PETITIONER/ACCUSED:

         ASHOK KUMAR P A
         AGED 28 YEARS
         S/O. KUTTAPPAN, PUTHIYA PURAYIL VEETTIL, PAYAM P
         O, KOOVAKKUNNU, KANNUR DISTRICT, PIN - 670704
         BY ADVS.
         CIBI THOMAS
         ANSIA K.A.


RESPONDENTS/STATE:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

    2     THE EXCISE INSPECTOR
          MATTANNUR EXCISE RANGE MATTANNUR PO
          KANNUR DISTRICT, PIN - 670702

         SRI. P.G. MANU (MAMMALASSERY), SR.PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.9511/2023

                                    ..2..



                   MOHAMMED NIAS C.P., J.
                    ---------------------
                         B.A.No. 9511/2023
            ---------------------------
             Dated this the 8th day of November, 2023


                              ORDER

This application is filed under Section 439 of the Code of Criminal

Procedure seeking regular bail.

2. The petitioner is the accused in Crime No.77/2023 of

Mattannur Excise Range Office, Kannur District, for having committed

offences punishable under Sections 55(i) of the Abkari Act.

3. The allegation against the petitioner is that on 04.10.2023 at

about 12.40 PM, the 2nd respondent found the petitioner in possession of

1.75 litres of Indian-made foreign liquor and engaged in the sale of the

same in Scooter bearing Registration No. KL-60-P-3967 and thereby

committed the offence.

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 has been in custody

since 04/10/2023, and continued custody of the petitioner is unnecessary. B.A.No.9511/2023

..3..

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, the quantity

involved, and the fact that he has been in custody since 04/10/2023 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 more so when no other criminal antecedents have

been reported against 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; B.A.No.9511/2023

..4..

(iv) The petitioner shall not be involved in any other crime

while on bail.

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.

JUDGE APA B.A.No.9511/2023

..5..

                   APPENDIX OF BAIL APPL. 9511/2023

PETITIONER ANNEXURES
Annexure 1        TRUE   COPY   OF    THE   ORDER  DATED
                  20.10.2023 IN CRL. MC. NO. 2126/2023
                  OF THE SESSIONS COURT THALASSERY