Sunil vs State of Kerala

SUNIL vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2021

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https://sooperkanoon.com/case/1628253

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Citation: sooperkanoon.com/1628253
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jul 30, 2021
Case Number: Bail Appl./3093/2021

Parties & Advocates

Appellant / Petitioner

SUNIL

Respondent

State of Kerala

Excerpt

.....petitioner, he has no nexus with the contraband. whatever it may be, the learned public prosecutor has submitted that he has no criminal antecedents to his credit.3. this is a crime of 2020; the contraband has already beenseized under a mahazar. in the nature of the allegations, his interrogation in custody is not warranted. he has no criminal antecedents to his credit and has also shown some medical grounds for showing indulgence. the offence under section 8(1) and (2) of the abkari act does not prescribe any statutory minimum substantive sentence, so that the injunction under section 41a of the abkari act isnot attracted. therefore, the petitioner is at liberty to surrender before the investigating officer within ten days from today and make himself available for interrogation. in the event of arrest, he shall be released on bail on executing bond for rs.50,000/-(rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer; shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail. bail application is allowed as above. sd/- k.haripal judgejms/30.07 //true copy// p.a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 BAIL APPL. NO. 3093 OF 2021 IN CRIME NO.121/2020 OF EZHUKONE EXCISE RANGE OFFICE, KOLLAM. PETITIONER/ACCUSED: SUNIL AGED 42 YEARS SUNIL MANDIRAM, ELAYAM,VAKKANAD P.O., KARIPPRA VILLAGE, KOTTARAKKARA, KOLLAM, PIN - 691509 BY ADV S.R.SREEJITH RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SR.PP - SRI. SANTHOSH PETER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioner is the sole accused in Crime No.121/2020 of Ezhukone Excise Range in Kollam district. The crime was registered alleging offence punishable under Section 8(1) and (2) of the Abkari Act, after seizing 3.6 litres of illicit arrack from the possession of the petitioner. Now the petitioner has moved this Court seeking anticipatory bail.

2. The alleged seizure was on 20.10.2020. According to the

learned counsel for the petitioner, he has no nexus with the contraband. Whatever it may be, the learned Public Prosecutor has submitted that he has no criminal antecedents to his credit.

3. This is a crime of 2020; the contraband has already been

seized under a mahazar. In the nature of the allegations, his interrogation in custody is not warranted. He has no criminal antecedents to his credit and has also shown some medical grounds for showing indulgence. The offence under Section 8(1) and (2) of the Abkari Act does not prescribe any statutory minimum substantive sentence, so that the injunction under Section 41A of the Abkari Act is

not attracted. Therefore, the petitioner is at liberty to surrender before the Investigating Officer within ten days from today and make himself available for interrogation. In the event of arrest, he shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail. Bail application is allowed as above. Sd/- K.HARIPAL JUDGE

Jms/30.07 //True Copy// P.A to Judge

Same Court & Year Kerala · 2021 Same Parties SUNIL vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal