Deepu vs State of Kerala

DEEPU vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 17, 2023

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https://sooperkanoon.com/case/1395619

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Citation: sooperkanoon.com/1395619
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Oct 17, 2023
Case Number: Bail Appl./8821/2023

Parties & Advocates

Appellant / Petitioner

DEEPU

Respondent

State of Kerala

Excerpt

.....found the petitioner in possession of 6 litres of indian made foreign liquor in 12 bottles which is kept for the purpose of sale and thereby committed the offence.4. the learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. at any rate, he points out that the petitioner is in custody since ..3..5. the learned public prosecutor opposed the petition.6. after having considered the submissions of the learnedcounsel for the petitioner and learned public prosecutor, the fact that he has been in custody since 01/10/2023, 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 and that no other criminal antecedents have been reported against the petitioner.accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-(i) the petitioner shall be released on bail on executing a bond for rs.25000/- (rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;(ii) the petitioner shall report before the investigating officer as and when directed(iii) the petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;(iv) the petitioner shall not be involved in any other crime while onbail. ..4.. 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

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA, 1945 BAIL APPL. NO. 8821 OF 2023 CRIME NO.181/2023 OF PATHANAPURAM EXCISE RANGE OFFICE, KOLLAM PETITIONER/ACCUSED: DEEPU AGED 42 YEARS, S/O DIVAKARAN, BHAVANAM,OLD HOSPITAL JUNCTION , PATTAZHY VADAKKEKARA VILAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 691526 BY ADV NAHAS H. RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SRI.P.G.MANU(MAMMALASSERY), SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C.P., J.
--------------------- B.A.No. 8821/2023 --------------------------- Dated this the 17th day of October, 2023

ORDER

This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

2. The petitioner is the accused in Crime No.181/2023 of the Pathanapuram Excise Range Office, Kollam District, for having allegedly committed offences punishable under Section 55(a) of the Abkari Act.

3. The prosecution case is that on 1.10.2023 at about 7:45 AM

at the temporary shed which is situated in the back side of the house named Deepu Bhavanam Veedu Bearing Bo VI/277 at Pattazhhy Vadakkekkara, where the petitioner is residing, Excise Inspector and party, found the petitioner in possession of 6 litres of Indian Made Foreign Liquor in 12 bottles which is kept for the purpose of sale and thereby committed the offence.

4. The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody since ..3..

5. The learned Public Prosecutor opposed the petition.

6. After having considered the submissions of the learned

counsel for the petitioner and learned Public Prosecutor, the fact that he has been in custody since 01/10/2023, 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 and that no other criminal antecedents have been reported against the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.25000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when directed

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on

bail. ..4.. 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

Same Court & Year Kerala · 2023 Same Parties DEEPU vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.