Radhakrishna Pillai vs State Of Kerala
2023 Latest Caselaw 11771 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

         THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945

                          BAIL APPL. NO. 9988 OF 2023

         CRIME NO.137/2023 OF KOTTARAKKARA EXCISE RANGE OFFICE, KOLLAM

 AGAINST THE ORDER/JUDGMENT CMP 2115/2023 OF JUDICIAL MAGISTRATE OF FIRST
                           CLASS -I,KOTTARAKKARA

PETITIONER/ACCUSED:

              RADHAKRISHNA PILLAI
              AGED 59 YEARS
              S/O NARAYANA PILLAI, PALAVILA PUTHEN VEEDU, NADUKKUNNU DESAM,
              MELILA VILLAGE, KOTTARAKARA TALUK KOLLAM., PIN - 691521

              BY ADVS.
              ALEXANDER GEORGE
              ATHIRA RAMESH
              THARA BOSE




RESPONDENTS/COMPLAINANT/STATE:

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

              THE EXCISE INSPECTOR
     2        KOTTARAKARA EXCISE RANGE OFFICE, KOTTARAKARA, KOLLAM, PIN -
              691506

OTHER PRESENT:


              SMT. T.V. NEEMA, SR.PP




      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.11.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL.NO.9988 OF 2023

                                  2




                            O R D E R

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.137 of

2023 of Kottarakkara Excise Range Office, Kollam, for having

committed an offence punishable under Section 55(i) of the

Abkari Act.

3. The allegation against the petitioner is that, on

01.11.2023 at 8.10 a.m., the accused was found in possession of

4 litres of Indian Made Foreign Liquor for sale, which was kept in

front of the staircase on the southern side of the petitioner's

house. Immediately, the 2nd respondent recovered sale proceeds

of Rs.330/- and also seized the contraband article and utensils

from the said shed, and thereby the accused committed the above

offences.

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 BAIL APPL.NO.9988 OF 2023

petitioner is in custody from 01.11.2023, 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 and the fact that he has been in

custody from 01.11.2023 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.

7. Accordingly, this application is allowed, and the

petitioner is granted bail subject to the following conditions:-

1.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;

2.The petitioner shall report before the

Investigating Officer as and when directed;

3.The petitioner shall not tamper or attempt to BAIL APPL.NO.9988 OF 2023

tamper with the evidence or influence or try to

influence the witnesses;

4.The petitioner shall not be involved in any other

crime while on bail;

5. 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 shg