Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945 BAIL APPL. NO. 7377 OF 2023 CRIME NO.91/2023 OF OTTAPPALAM EXCISE RANGE OFFICE, PALAKKAD PETITIONER/ACCUSED: UDAYAKUMAR AGED 42 YEARS, S/O.AYYAPPAN, CHALAMPATTA HOUSE, MELOOR DESOM, AMBALAPARA II VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT., PIN - 679501 BY ADV NIREESH MATHEW RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI., PIN - 682031 SRI.NOUSHAD K.A[PP] THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
ORDER
Dated this the 1st day of September, 2023 This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The applicant is the accused in Crime No.91/2023 of Ottappalam Excise Range Office, Palakkad. The offences alleged are punishable under Sections 58 and 55(a) of the Abkari Act.
3. The prosecution case, in short, is that on possession of 13 litres of Indian Made Foreign Liquor for sale in contravention of the Abkari Act and Rules.
4. I have heard Sri.Nireesh Mathew, the learned counsel for the applicant and Sri.Noushad K.A., the learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that
the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; ..3.. hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on
already been effected. The applicant has no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail. In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the investigation.
(iii) The applicant shall appear before the investigating ..4.. officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant shall not attempt to contact any of
the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Sd/- DR. KAUSER EDAPPAGATH JUDGE APA ..5.. APPENDIX OF BAIL APPL. 7377/2023 PETITIONER'S ANNEXURES Annexure 1 TRUE PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.91/2023 OF OTTAPALAM EXCISE RANGE DATED 20.08.2023