Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 AGAINST THE ORDER IN CMP 908/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA PETITIONER/ACCUSED: ANIL, AGED 43 YEARS S/O CHEERALAN, CHARUVILA PADINJATTATHIL VEEEDU, PERUNKULAM DESOM, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK, FROM CHARUVILA PUTHEN VEEDU, THEKKINKOOPPU, EDAMON-34, EDAMON VILLAGE, PUNALOOR TALUK, KOLAM DISTRICT, PIN - 691305 BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE RESHMA UNNIKRISHNAN MIRAL K.JOY JERIN C. JOHNY RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SR PP.SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
ORDER
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. The petitioner is the accused in Crime No.46/2023 of Kottarakkara Excise Range. He allegedly has committed the offence punishable under Sections 8(1) r/w 8(2) of the Kerala Abkari Act, 1077.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The prosecution allegation is that, on 01.04.2023 at
12.10 p.m., the accused was found in illegal possession of 10 litres of arrack on the Perunkulam Library - Perunkulam Sreebhadrakali Temple road. Thus, the prosecution alleges that the accused has committed the offence under Sections 8(1) r/w 8(2) of Kerala Abkari Act.
5. The petitioner would contend that they did not
involve in the alleged crime and without any material or -3- evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.
6. The learned Public Prosecutor would submit that
considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of their release on bail, this petition deserve only to be dismissed.
7. Having heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor, and considered the nature and gravity of the offence, further detention of the petitioner is appeared unnecessary. I am therefore of the view that the petitioner is entitled to be released on bail. In the result, the bail application is allowed and the petitioner is granted bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the -4- learned Magistrate, subject to the following conditions:
(i) He shall not influence or intimidate witnesses or tamper with evidence;
(ii) He shall appear before the investigating officer as and when called for; and
(iii) During the bail period, He shall not
get involved in any offence. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P.G. AJITHKUMAR JUDGE uu 25.04.2023 -5- APPENDIX OF BAIL APPL. 2937/2023 PETITIONER ANNEXURES Annexure-I TRUE COPY OF THE OCCURRENCE REPORT IN CRIME NO. 46/2023 OF KOTTARAKKARA EXCISE RANGE, KOLLAM DISTRICT DATED 01.04.2023 Annexure-II TRUE COPY OF THE ORDER IN CRL.M.P NO.908/2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTARAKARA DATED 05.04.2023.