Hassen Kutty vs State Of Kerala
2023 Latest Caselaw 12532 Ker

Citation : 2023 Latest Caselaw 12532 Ker
Judgement Date : 22 November, 2023

Kerala High Court

Hassen Kutty vs State Of Kerala on 22 November, 2023

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA,
                                  1945
                  BAIL APPL. NO. 10227 OF 2023
    CRIME NO.118/2023 OF NOORANAD EXCISE RANGE OFFICE,
                             ALAPPUZHA
    AGAINST THE ORDER/JUDGMENT FIR 118/2023 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS - II, MAVELIKKARA


PETITIONER/SOLE ACCUSED:


             HASSEN KUTTY
             AGED 64 YEARS, S/O.NINAN MUHAMMAD RAWTHER
             THADATHIL THEKKATHIL VEEDU,
             PALLICKAL WEST MURI PALLICKAL VILLAGE,
             KANNIEL MURI ADOOR TALU,
             PATTANATHITTA DISTRICT, PIN - 690503

             BY ADV NAVEEN RADHAKRISHNAN


RESPONDENT:


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

             BY SMT. T.V. NEEMA, SR.PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.11.2023,    THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.10227 of 2023
                              2



                           ORDER

Dated this the 22nd day of November, 2023.

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.118 of

2023 of Nooranad Excise Range Office, Alappuzha, for having

committed an offence punishable under Sections 13, 63 and

55(i) of the Abkari Act.

3. The allegation against the petitioner is that, on

31.08.2023 at about 15.00 hours, the accused was found in

possession of 13 litres of Indian Made Foreign Liquor kept in a

scooter bearing registration No.KL-26-F3382 at the waiting

shed of Palamel Grama Panchayat at Adikkattukulangara Muri

Palamel Village, Mavelikkara Taluk, for the purpose of sale and

in violation of the provisions of the Abkari 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 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.

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;