Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 BAIL APPL. NO. 9448 OF 2023 CRIME NO.130/2023 OF Kottarakkara Excise Range Office, Kollam AGAINST THE ORDER/JUDGMENT CMP 1980/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA PETITIONER/S: RATHEESH KUMAR @ AMBUJAN AGED 37 YEARS S/O MURALEEDHARAN NAIR, RATHEESH BHAVANAM, THAZHATHU KULAKLKADA DESAM, KULAKKADA VILLAGE, KOTTARAKARA TALUK, KOLLAM, PIN - 691521 BY ADV ALEXANDER GEORGE RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 2 THE EXCISE INSPECTOR KOTTARAKARA EXCISE RANGE OFFICE, KOTTARAKARA, KOLLAM, PIN - 691506 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.9448/2023 -2-
ORDER
The petitioner is the accused in Crime No.130/2023 of Kottarakkara Excise Range Office, Kollam District alleging commission of offences under Section 55 (g) of the Kerala Abkari Act.
2. The allegation is that on 11-10-2023 at about 1.40 p.m petitioner
was found in possession of 10 litres of wash in front of a shed west side of the house of the petitioner by name Ratheesh Bhavanam. The petitioner was arrested on 11-10-2023 and was remanded into custody.
3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted the petitioner has been in custody nearly 25 days and his continued detention is not necessary in the
facts and circumstances of the case. No criminal antecedents are reported
against the petitioner.
4. Heard the learned Public Prosecutor also.
5. Having regard to the facts and circumstances of the case and
considering the nature of allegations against the petitioner and considering the fact that continued detention of the petitioner may not be necessary for the purposes of any investigation, I am of the view that the petitioner can be granted bail subject to conditions. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:- B.A. No.9448/2023 -3-
(i) The petitioner shall execute a bond for a sum of 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 in Crime No.130/2023 of Kottarakkara Excise Range Office, Kollam as and when called upon to do so;
(iii) The petitioner shall not interfere with the investigation, influence or intimidate any witness in Crime No.130/2023 of Kottarakkara Excise Range Office, Kollam;
(iv) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.130/2023 of Kottarakkara Excise Range Office, Kollam may file an application before the jurisdictional Court for cancellation of bail.
Sd/- GOPINATH P. JUDGE AMG B.A. No.9448/2023 -4- APPENDIX OF BAIL APPL. 9448/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER PASSED IN C.M.P.NO.1980/2023 BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.I KOTTARAKARA DATED ON 21.2.