Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, BAIL APPL. NO. 9370 OF 2023 CRIME NO.1007/2023 OF ALOOR POLICE STATION, THRISSUR PETITIONER/ACCUSED: SANKARAN AGED 64 YEARS, S/O.CHATHAN, PANDYALAYIL HOUSE, ALOOR KATTAMTHODU DESOM, ALOOR VILLAGE, THRISSUR DISTRICT., PIN - 680602 BY ADV NIREESH MATHEW RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI., PIN - 682031 BY SRI. P.G. MANU (MAMMALASSERY), SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 1st day of November, 2023 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.1007 of 2023 of Aloor Police Station, Thrissur, for having committed offences punishable under Sections 8(1), 8(2) and 55(g) of the Abkari Act.
3. The allegation against the petitioner is that, on
15.10.2023 at about 8.45 hours, the petitioner was found in possession of 500 ml of arrack and 18 litres of wash in building bearing No.4/283B of Aloor Panchayat, for the purpose of making illicit arrack, in violation of the provisions of the Abkari Act and thereby, he committed the offences alleged against him.
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 from 15.10.2023, and continued custody of the petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail.
6. After having considered the submissions of the
learned counsel for the petitioner and learned Public Prosecutor and considering the quantity involved, the fact that he has been in custody from 15.10.2023 and also Annexure 2 which shows the medical condition of the petitioner, 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.
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 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;
(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 involve in any other crime while on bail;
(v) 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
mtk APPENDIX OF BAIL APPL. 9370/2023 PETITIONER ANNEXURES TRUE PHOTOCOPY OF THE FIR IN CRIME Annexure 1 NO.1007/2023 OF ALOOR POLICE STATION, THRISSUR DISTRICT DATED 15.10.2023 TRUE PHOTOCOPY OF THE ULTRASOUND SCAN OF Annexure 2 THE ABDOMEN OF THE PETITIONER DONE AT CHALAKUDY SCANS. TRUE PHOTOCOPY OF THE ORDER DATED 18.10.2023 IN CRL.MP.NO.5698/2023 PASSED Annexure 3 BY THE JUDL. FIRST CLASS MAGISTRATE COURT, CHALAKUDY