Full Judgment
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023/8TH ASWINA, 1945 BAIL APPL. NO. 8464 OF 2023 CRIME NO. 94/2023 OF NOORANAD EXCISE RANGE OFFICE, ALAPPUZHA PETITIONER/ACCUSED: SANTHOSH KUMAR, AGED 43 YEARS, S/O. SIVARAMAN, MANGATTETHU VEEDU, ILIPPACKULAM MURI, VALIKUNNAM VILLAGE, MAVELIKKARA, PIN - 690101. BY ADVS.M/S.ALEX K.JOHN, JOE J URUVATH, SRAYAS JOSEPH & NINAN THOMAS RESPONDENTS/COMPLAINANTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. 2 EXCISE INSPECTOR, EXCISE OFFICE RANGE, NOORANADU P.O.,PIN - 690504. SRI.P.G.MANU(MAMALASSERY), SR.P.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
B. A. No. 8464 of 2023 Dated this the 30th day of September, 2023
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the sole accused in Crime No.94/2023 of Nooranad Excise Range Office, Alappuzha, for having allegedly committed an offence punishable under Sections 13, 63 & 55(i) of the Abkari Act.
2. The prosecution case is that, on 30.8.2023 at about 12.40 p.m., the accused possessed 23.75 litres of IMFL at Vallikkunnam Village and, thereby, committed the offences mentioned above.
3. The learned counsel appearing for the petitioner would submit
that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 30.8.2023, and the continued custody of the petitioner is ..3.. unnecessary.
4. The learned Public Prosecutor opposed the petition.
5. After having considered the submissions of the learned counsel
for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner and the fact that he has been in custody since 30.8.2023 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, taking into account the quantity involved. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
1. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
2. The petitioner shall report before the Investigating Officer as and when directed;
3. The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses; ..4..
4. The petitioner shall not be involved in any other crime while on bail. If any of the conditions are violated, the jurisdictional court concerned will be empowered to take steps for cancellation of bail as per law. Sd/- MOHAMMED NIAS C. P. , JUDGE MMG