Nandhu vs State Of Kerala
2023 Latest Caselaw 11265 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                 BAIL APPL. NO. 9240 OF 2023
    AGAINST THE ORDER/JUDGMENT CMP 5157/2023 OF JUDICIAL
    MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA (TEMPORARY)

  CRIME NO.1595/2023 OF SASTHAMCOTTA POLICE STATION, KOLLAM

PETITIONERS/ ACCUSED NOS. 2 & 3:
    1     NANDHU
          AGED 26 YEARS,
          S/O. UDAYAN, NANDHU BHAVANAM,
          KARALIMUKKU P.O, KOTHAPURAM MURI,
          WEST KALLADA VILLAGE,
          KUNNATHOOR THALUK,
          KOLLAM DISTRICT., PIN - 690521

    2     ANEESH
          AGED 29 YEARS, S/O JAYAKUMAR,
          THODUVATHAZHATHIL VEETTIL,
          KARALIMUKKU P.O, KOTHAPURAM MURI,
          WEST KALLADA VILLAGE, KUNNATHOOR THALUK,
          KOLLAM DISTRICT., PIN - 690521

         BY ADV P.V.DILEEP
RESPONDENTS/ STATE & COMPLAINANT:
    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM., PIN - 682031

    2     THE STATION HOUSE OFFICER
          SASTHAMCOTTA POLICE STATION,
          SASTHAMCOTTA. P.O,
          KOLLAM DISTRICT., PIN - 690521

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

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.9240/2023

                                     ..2..



                   MOHAMMED NIAS C.P., J.
                    ---------------------
                          B.A.No. 9240/2023
            ---------------------------
            Dated this the 27th day of October, 2023


                               ORDER

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

Procedure seeking regular bail.

2. The petitioners are accused Nos. 2 & 3 in Crime

No.1595/2023 of Sasthamcotta Police Station, Kollam District, for having

committed offences punishable under Sections 55(a) & (i) of the Abkari

Act.

3. The allegation in the F.I.R is that on 09.10.2023 at about 8.30

P.M the 2nd respondent and party, while on patrol duty, found that 1st

accused in possession of 600 M.L, 2nd accused/1st petitioner in possession

of 3 litres and 3rd accused/2nd petitioner for a quantity of 1 litre of Indian

made foreign liquor respectively for the purpose of sale and therefore

committed the offence.

4. The learned counsel appearing for the petitioners would say B.A.No.9240/2023

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that the petitioners were totally innocent and falsely implicated with

ulterior motives. At any rate, he points out that the petitioners have been

in custody since 09/10/2023, and continued custody of the petitioners is

unnecessary.

5. The learned Public Prosecutor opposed the petition and

points out that the petitioners were not entitled to bail.

6. After having considered the submissions of the learned

counsel for the petitioners and learned Public Prosecutor and considering

the nature of the offences committed by the petitioners, the fact that they

have been in custody since 09/10/2023 and also since there is no

apprehension raised by the prosecution that if released on bail the

petitioners are likely to abscond, that accused No.1 has already been

granted bail, I hold that bail can be granted to the petitioners more so

when no other criminal antecedents have been reported against them.

Accordingly, this application is allowed, and the petitioners granted

bail subject to the following conditions:-

(i) The petitioners 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; B.A.No.9240/2023

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(ii) The petitioners shall report before the Investigating Officer as

and when directed.

(iii) The petitioners shall not tamper or attempt to tamper with the

evidence or influence or try to influence the witnesses;

(iv) The petitioners 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.9240/2023

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APPENDIX OF BAIL APPL. 9240/2023

PETITIONER ANNEXURES Annexure-1 THE COPY OF THE ORDER IN C.M.P NO.

                  5157/2023 DATED 13.10.2023 OF THE
                  JUDICIAL     FIRST-CLASS     MAGISTRATE
                  COURT(TEMPORARY), SASTHAMCOTTA.