Santhosh vs State of Kerala

Type Court Judgment Court Kerala Decided May 02, 2023

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https://sooperkanoon.com/case/1356737

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Citation: sooperkanoon.com/1356737
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: May 02, 2023
Case Number: Bail Appl./3189/2023

Parties & Advocates

Appellant / Petitioner

Santhosh

Respondent

State of Kerala

Excerpt

.....the petitioner was arrested on 01.04.2023 and he has been in judicial custody since then.5. heard the learned counsel for the petitioner and the learned pubic prosecutor.6. the learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the crime.7. the learned public prosecutor opposed the bail plea of the petitioner.8. considering the stage of the investigation and the tenure of judicial custody undergone by the petitioner, i am of the view that the petitioner is entitled to be released on bail on conditions. in the result, this bail application is allowed as follows :(a) the petitioner shall be released on bail on his executing 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) he shall appear before the investigating officer on all mondays between 10 a.m. and 11 a.m. till the final report is filed.(c) he shall not try to influence the prosecution witnesses orattempt to tamper with the evidence. k.babu, judge saap appendix of bail appl. 3189/2023 petitioner annexures annexure-i true copy of the occurrence report in crime no. 47/2023 of kottarakkara excise range, kollam district dated 01.04.2023 annexure-ii true copy of the order in crl.m.p no.940/2023 of the judicial first class magistrate court-i, kottarakara dated 12.04.2023 //true copy//pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945 AGAINST THE ORDER CMP 940/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA IN CRIME NO.47/2023 OF KOTTARAKKRA EXCISE RANGE PETITIONER/ACCUSED: SANTHOSH, AGED 51 YEARS, S/O VASUDEVAN, IDAKKAMPIL THEKKATHIL, IDAKKAMPU, NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691506 BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE RESHMA UNNIKRISHNAN MIRAL K.JOY RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT.NEEMA T.V., PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 2nd day of May, 2023 This is an application filed under Section 439 of the Code of Criminal Procedure.

2. The petitioner is the sole accused in Crime No.47/2023 of Kottarakkara Excise Range, Kollam. The offences alleged against the petitioner are punishable under Sections 8(1), 8(2) and 55 (g) of the Abkari Act.

3. The prosecution case is that on 01.04.2023 at about 3.15 P.M, the petitioner was found in possession of 1140 liters of wash and 10 liters of arrack.

4. The petitioner was arrested on 01.04.2023 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.

6. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the crime.

7. The learned Public Prosecutor opposed the bail plea of the petitioner.

8. Considering the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions. In the result, this Bail Application is allowed as follows :

(a) The petitioner shall be released on bail on his executing 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) He shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. till the final report is filed.

attempt to tamper with the evidence. K.BABU, JUDGE saap APPENDIX OF BAIL APPL. 3189/2023 PETITIONER ANNEXURES Annexure-I TRUE COPY OF THE OCCURRENCE REPORT IN CRIME NO. 47/2023 OF KOTTARAKKARA EXCISE RANGE, KOLLAM DISTRICT DATED 01.04.2023 Annexure-II TRUE COPY OF THE ORDER IN CRL.M.P NO.940/2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTARAKARA DATED 12.04.2023 //True Copy//PA to Judge

Same Court & Year Kerala · 2023 Same Parties Santhosh vs State of Kerala Same Judge Honourable Mr.Justice K. Babu