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. 9375 OF 2023 CRIME NO.115/2023 OF EZHUKONE EXCISE RANGE OFFICE, KOLLAM AGAINST THE ORDER/JUDGMENT CMP 1981/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA
PETITIONER/ACCUSED: SATHYADEVAN AGED 48 YEARS, S/O BHANU, THADATHILVEEDU,VAIDYARUMUKKU, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK ,KOLLAM ., PIN - 690507 BY ADVS. K.S.MANU (PUNUKKONNOOR) K.B.UDAYAKUMAR RESPONDENTS/COMPLAINANT: EXCISE INSPECTOR 1 EZHUCONE EXCISE RANGE OFFICE, EZHUKONE,KOLLAM., PIN - 691505 STATE OF KERALA 2 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SMT. T.V. NEEMA, 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.115 of 2023 of Ezhukone Excise Range Office, Kollam, for having committed offences punishable under Sections 8(1) and 8(2) of the Abkari Act.
3. The allegation against the petitioner is that, on 11.10.2023
at about 4.10 p.m, the accused was found in illegal possession of 2.500 litres of arrack in front of the house of the accused by name Thadathil Veedu, Vaidyaru Mukku, Pavithreswaram Village. Thus, the petitioner committed offences alleged.
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 11.10.2023, 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 11.10.2023 and also the fact that there are no antecedents reported against 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. 9375/2023 PETITIONER ANNEXURES A TRUE COPY OF THE ORDER IN CMP NO.1981 /23 IN CRIME NO.115/2023 DT Annexure A1 MAGISTRATE COURT I KOTTARAKKARA