Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 Bail Appl..No.283 OF 2021 CRIME NO.593/2020 OF Adhur Police Station , Kasargod PETITIONER/S: PUSHPARAJA A D AGED 39 YEARS SON OF DEVAPPA GOWDA, RESIDING AT AJADKA HOUSE, KAYARPADAVU, NETTANIGE VILLAGE AND POST, BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI SRI.SHAHID AZEEZ RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2 THE STATION HOUSE OFFICER ADHUR POLICE STATION, R1 BY PUBLIC PROSECUTOR
OTHER PRESENT: SRI.SANTHOSH PETER SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.283 OF 2021 2
O R D E R
Dated this the 29th day of January 2021 Application for regular bail under Section 439 of Cr.P.C. The applicant is sole accused in Crime No.593/2020 of Adhur Police Station, Kasaragod for having committed offences punishable under Section 55(a) of the Kerala Abkari Act.
2. The prosecution case, in brief, is that on 24.12.2020 at
about 9.30 p.m. the Station House Officer of Adhur Police Station and his party while on patrol duty along the boarder of Kerala and Karnataka States, the accused was found to be in possession of 192 bottles of Indian Made Foreign Liquor containing 180 ml each totalling upto 34.56 litres of IMFL, which was intended for sale in the State of Karnataka and was being carried by him in a jeep bearing registration No. KA 21 M 629 and thus he was arrested and remanded to judicial custody. He has been in custody since then. He seeks regular bail.
3. Heard the learned counsel for the applicant and the learned Public Prosecutor.
4. The applicant has no criminal antecedents. Considering
Bail Appl..No.283 OF 2021 3 the quantity of liquor involved and the fact that he has no criminal antecedents and he has been in custody since 24.12.2020, I find that further incarceration may not be necessary. Hence, the Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-
(i) He shall not get involved in similar cases during the currency of the bail.
(ii) He shall appear before the investigating officer as and when called for.
(iii) He shall not tamper with evidence, intimidate or influence the witnesses .
In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court. SD/- ASHOK MENON JUDGE rmm