Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 BAIL APPL. NO. 451 OF 2022 CRIME NO.6/2022 OF PATTAMBI EXCISE RANGE OFFICE, PALAKKAD PETITIONER/ACCUSED: VELAYUDHAN AGED 68 YEARS SON OF NAKIDI, MOOLEKUNNATHPADI HOUSE, THEKKUMALA- JAWANPADI DESOM, THIRUVEGAPPURA VILLAGE AND POST, PATTAMBI TALUK PALAKKAD, PIN - 679308 BY ADV R.SREEHARI RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV M.C.ASHI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: GOPINATH.P, J ------------------------------------------------ B.A. No.451 of 2022 -------------------------------------------------- Dated this the 28th day of January, 2022
ORDER
Petitioner is the accused in Crime No. 6/2022 of Patambi Excise Range, Palakkad District alleging commission of offences under Sections 8(1) and 8(2) of Kerala Abkari Act.
2. The allegation against the petitioner is that he was found in
possession of 4 litres of illicit arrack. Learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated. It is submitted that the petitioner had been in custody from 14.01.2022 and his continued detention is not necessary for the purposes of any investigation.
3. Heard the learned Public Prosecutor also.
4. Having regard to the facts and circumstances of the case and considering the fact that the petitioner is 68 year old man and that he has been in custody from 14.01.2022 and considering that the continued detention may not be necessary for the purposes of any investigation in crime No.6/2022 of Pattambi Excise Range, I am inclined to grant him
6. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-
(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. 6/2022 of Patambi Excise Range as and when called upon to do so;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No. 6/2022 of Patambi Excise Range;
(v) The petitioner shall not involve in any other crime while on
If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 6/2022 of Patambi Excise Range may file an application before the jurisdictional Court for cancellation of bail. Sd/-GOPINATH.P JUDGE lsn