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Narayanankutty vs State of Kerala

Narayanankutty vs State of Kerala

Type Court Judgment Court Kerala Decided May 25, 2021
~2 min read
https://sooperkanoon.com/case/1627355

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./3055/2021

Parties & Advocates

Appellant / Petitioner

Narayanankutty

Respondent

State of Kerala

Excerpt

.....the offence punishable under section 55(g) of the abkari act on the allegation that on 28.07.2020 at about 3.15 pm, the petitioner was found in possession of 50 litres of wash in a container, in contravention of the provisions of the abkari act.2. the petitioner has filed this application under section 438 cr.p.c.3. heard.4. the learned public prosecutor has no serious objection in allowing this application.5. it has been submitted by the learned public prosecutor that the petitioner is not involved in any other offence of similar nature. considering the facts and circumstances of the case, including the quantity of the -3- contraband seized and the submission of the learned public prosecutor, i am inclined to grant the relief under section 438 cr.p.c. in favour of the petitioner. in the result, this application stands allowed and the petitioner shall be released on bail in the event of his arrest in crime no.118/2020 of chittur excise range, oncondition of the petitioner executing a bond for rs.40,000/- (rupees forty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the station house officer concerned, before whom the petitioner shall surrender within twenty days, if not arrested in the meantime and subject to the following further conditions:1. the petitioner shall report before the investigating officer as and when required by the investigating officer for interrogation.2. the petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation. -4-3. the petitioner shall not get involved in any other offence during the pendency of this case. sd/- b.sudheendra kumar judge nkr/25.05.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943 BAIL APPL. NO. 3055 OF 2021 CRIME NO.118/2020 OF Chittur Excise Range Office, Palakkad PETITIONER/ACCUSED: NARAYANANKUTTY S/O.ARUCHAMI AGED 45 YEARS NARAYANA NIVAS CHETTIKULAM NALLEPILLY ERATTAKULAM POST, CHITTUR TALUK, PALAKKAD - 678 622 BY ADV SAJAN VARGHEESE K. BY ADV LIJU M.P. BY ADV JOPHY POTHEN KANDANKARY RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV.M.K.PUSHPALATHA, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

The petitioner is the accused in Crime No.118 of 2020 of Chittur Excise Range registered for the offence punishable under Section 55(g) of the Abkari Act on the allegation that on 28.07.2020 at about 3.15 pm, the petitioner was found in possession of 50 litres of wash in a container, in contravention of the provisions of the Abkari Act.

2. The petitioner has filed this application under Section 438 Cr.P.C.

3. Heard.

4. The learned Public Prosecutor has no serious objection in allowing this application.

5. It has been submitted by the learned Public Prosecutor that the petitioner is not involved in any other offence of similar nature. Considering the facts and circumstances of the case, including the quantity of the -3- contraband seized and the submission of the learned Public Prosecutor, I am inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioner. In the result, this application stands allowed and the petitioner shall be released on bail in the event of his arrest in Crime No.118/2020 of Chittur Excise Range, on

condition of the petitioner executing a bond for Rs.40,000/- (Rupees Forty Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioner shall surrender within twenty days, if not arrested in the meantime and subject to the following further conditions:

1. The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

2. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation. -4-

3. The petitioner shall not get involved in any other offence during the pendency of this case. Sd/- B.SUDHEENDRA KUMAR JUDGE nkr/25.05.2021

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Same Court & Year Kerala · 2021 Same Parties Narayanankutty vs State of Kerala Same Judge Honourable Mr. Justice B.Sudheendra Kumar

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