Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, 1945 BAIL APPL. NO. 10501 OF 2023 CRIME NO.119/2023 OF NEELESWARAM EXCISE RANGE OFFICE, Kasargod
PETITIONER/ACCUSED: CHANDRAN A AGED 58 YEARS S/O. K AMBU (L), POTTACHAL HOUSE, POTTACHAL DESAM, POTTACHAL VILLAGE, HOSDURG TALUK, KASARGODE, PIN - 671121 BY ADVS. THOMAS T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA JIJO PAUL RESPONDENT/STATE : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE SUB INSPECTOR OF POLICE NEELESHWAR EXCISE RANGE, KASARGOD, PIN - 671314 OTHER PRESENT: SMT.NIMA JACOB-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The applicant is the accused in Crime No.119/2023 of Neeleshwaram Excise Range Office, Kasaragod. The offences alleged are punishable under Sections 13 and 55(i) of the Kerala Abkari Act.
3. The prosecution case, in short, is that, on 13.11.2023 at
6.00 p.m., the applicant was found in possession of 12 litres of Indian Made Foreign Liquor for sale in contravention of the provisions of the Abkari Act and thereby committed the offences.
4. I have heard Sri.Philip T.Varghese, the learned counsel for the applicant and Smt.Nima Jacob, the learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present
case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on
13.11.2023. The investigation is almost over and recovery has already been effected. The applicant has no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail. In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the investigation.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant shall not attempt to contact any of the
prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Sd/- DR. KAUSER EDAPPAGATH JUDGE rkj APPENDIX OF BAIL APPL. 10501/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 18.11.2023 IN C.M.P NO. 9220/2023 PASSED THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT NO. I , HOSDURG