Soorya S. vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 06, 2022

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Citation: sooperkanoon.com/1439557
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Jan 06, 2022
Case Number: Bail Appl./6/2022

Parties & Advocates

Appellant / Petitioner

Soorya S.

Respondent

State of Kerala

Excerpt

.....alleging commission of offence under section 58 of the kerala abkari act.3. the allegation against the petitioners is that they illegally brought into kerala liquor purchased from mahe which is part of the puducherry state.4. the learned counsel for the petitioners submits that thepetitioners are young boys and they were not aware of the fact that the liquor purchased from mahe could not be brought into kerala state. it is submitted that the petitioners have been in custody since 29.12.2021 and further detention of the petitioners is not necessary in the matter. it is also submitted that the total quantity of liquor seized from the petitioners is within the permissible limits even going by the provisions of the kerala abkari act.5. i have heard the learned public prosecutor also.6. having regard to the facts and circumstances of the case andconsidering the nature of the allegations against the petitioners, i am of the view that the petitioners can be granted bail especially considering the fact that they have been in custody from 29.12.2021.7. in the result, this bail application is allowed. it is directed that the petitioners shall be released on bail subject to the following conditions:-(i) the petitioners shall execute bonds for sums of rs.50,000/- b.a.no.6/2022 3 (rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;(ii) the petitioners shall report before the investigating officer in crime no. 1422/2021 of koilandy police station as and when called upon to do so;(iii) the petitioners shall not involve in any other crime while on bail. if any of the aforesaid conditions are violated, the investigating officer in crime no. 1422/2021 of koilandy police station, kozhikode district may file an application before the jurisdictional court, for cancellation of bail. sd/- gopinath p. judge acd

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 6TH DAY OF JANUARY 2022 / 16TH POUSHA, 1943 BAIL APPL. NO. 6 OF 2022 PETITIONERS/ACCUSED NO.1 TO 5:
1 SOORYA S.,AGED 24 YEARS,S/O.SELVARAJU K., 47B, KAMARAJANAGAR, POTHANUR P.O., PARAMATHU VELOOR T.K., NAMAKKAL DT. TAMIL NADU - 637 001. 2 BHARANI ARAVIND,AGED 23 YEARS S/O.DHARMALINGAM, 1/66K, PULIYAMPATTY, PUTHUPALAYAM P.O., KUTTALAMPARI, NAMAKKAL DT., TAMIL NADU - 637 001. 3 V.M.SREEJITH,AGED 24 YEARS,S/O.MURUGAN, 37A, PERIYAR NAGAR, PARAMANY VELLOOR T.K., NAMAKKAL DT., TAMIL NADU - 637 001. 4 ASHOK SELVARAJ,AGED 23 YEARS,S/O.SELVARAJ, NO.39/38, ASOKA ILLAM, KAVERI NAGAR, MELECHINNAMANI, TIRICHIRAPALLY, TEPPAKULAM, TAMIL NADU - 625 009. 5 SANTHOSH,AGED 24 YEARS,S/O.SUBRAMANI, 298/7, TIRUVALLUVARSALA, PARAMANY, VELLOOR T.K., NAMAKKAL DT., TAMIL NADU - 637 001. BY ADVS.S.RAJEEV K.K.DHEERENDRAKRISHNAN V.VINAY M.S.ANEER SARATH K.P.
RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, CRIME NO.1422/2021 OF KOILANDY POLICE STATION, KOZHIKODE DISTRICT. OTHER PRESENT: SRI. T.R. RANJITH (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.6/2022 2

ORDER

This is an application for regular bail.

2. The petitioners are the accused in Crime No.1422/2021 of Koilandy Police Station, Kozhikode District alleging commission of offence under Section 58 of the Kerala Abkari Act.

3. The allegation against the petitioners is that they illegally brought into Kerala liquor purchased from Mahe which is part of the Puducherry State.

4. The learned counsel for the petitioners submits that the

petitioners are young boys and they were not aware of the fact that the liquor purchased from Mahe could not be brought into Kerala State. It is submitted that the petitioners have been in custody since 29.12.2021 and further detention of the petitioners is not necessary in the matter. It is also submitted that the total quantity of liquor seized from the petitioners is within the permissible limits even going by the provisions of the Kerala Abkari Act.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case and

considering the nature of the allegations against the petitioners, I am of the view that the petitioners can be granted bail especially considering the fact that they have been in custody from 29.12.2021.

7. In the result, this bail application is allowed. It is directed that the petitioners shall be released on bail subject to the following conditions:-

(i) The petitioners shall execute bonds for sums of Rs.50,000/- B.A.No.6/2022 3 (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioners shall report before the investigating officer in Crime No. 1422/2021 of Koilandy Police Station as and when called upon to do so;

(iii) The petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No. 1422/2021 of Koilandy Police Station, Kozhikode District may file an application before the jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE acd

Same Court & Year Kerala · 2022 Same Parties Soorya S. vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.