Sreejith vs State of Kerala

Type Court Judgment Court Kerala Decided May 27, 2021

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Citation: sooperkanoon.com/1639539
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: May 27, 2021
Case Number: Bail Appl./3881/2021

Parties & Advocates

Appellant / Petitioner

Sreejith

Respondent

State of Kerala

Excerpt

..... 55(b), 55(g) and 8(2) of the abkari act on the allegation that on 8.5.2021 at 3.30 p.m., the petitioners were found distling arrack in the residence of the 4th accused. 3.250litres of arrack, 50 litres of wash and the utensils for manufacturing arrack were seized from the spot.3. the petitioners were arrested from the spot and ever since they have been in custody.4. heard.5. the learned public prosecutor has no -3- serious objection in allowing this application. the learned public prosecutor has submitted that the petitioners have nocriminal antecedent. considering the factsand circumstances of the case, including the fact that the petitioners are first time offenders and also taking into consideration of the present pandamic situation in kerala, i am inclined to grant bail to the petitioners. in the result, this application stands allowed and the petitioners shall be enlarged on bail on condition of each of the petitioners executing a bond for rs.30,000/- (rupees thirty thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the jurisdictional -4- court and subject to the following further conditions:- i. the petitioners shall report before the investigating officer on every monday between 9 a.m. and 11 a.m. for three months and thereafter, as and whenrequired by the investigating officer for interrogation. ii. the petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation. iii. the petitioners shall not get involved in any other offence during the pendency of this case. sd/-- b. sudheendra kumar, judge stk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943 CRIME NO.394/2021 OF Koraty Police Station, Thrissur PETITIONER/S: 1 SREEJITH AGED 32 YEARS SON OF SHIVARAMAN, IKARATHARATHUNDI HOUSE, MARADU DESOM, MARADU VILLAGE, ERNAKULAM DISTRICT., PIN - 682020 2 SURESH AGED 35 YEARS SON OF SUBRAMANYAN, VADAKKETHURAVU HOUSE, ATTAPADOM DESOM MURINGOOR,THEKKUM MURI VILLAGE, 3 JAYAPRAKASH AGED 36 YEARS SON OF VELAYUDHAN, PUTHUSSERY HOUSE, ATTAPADOM DESOM, MURINGOOR, THEKKUM MURI VILLAGE, BY ADV NIREESH MATHEW RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV SR.PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

The petitioners are accused Nos.1 to

3   in     Crime       No.394/2021       of     Koraty       Police
Station         registered             for      the      offences
punishable under Sections                     55(b), 55(g) and
8(2)     of    the     Abkari     Act    on    the    allegation
that      on      8.5.2021         at        3.30     p.m.,     the
petitioners          were      found    distling       arrack    in
the      residence        of    the     4th    accused.       3.250

litres of arrack, 50 litres of wash and the utensils for manufacturing arrack were seized from the spot.

3. The petitioners were arrested from the spot and ever since they have been in custody.

4. Heard.

5. The learned Public Prosecutor has no -3- serious objection in allowing this application. The learned Public Prosecutor has submitted that the petitioners have no

criminal antecedent. Considering the facts

and circumstances of the case, including the fact that the petitioners are first time offenders and also taking into consideration of the present pandamic situation in Kerala, I am inclined to grant bail to the petitioners. In the result, this application stands allowed and the petitioners shall be enlarged on bail on condition of each of the petitioners executing a bond for Rs.30,000/- (Rupees Thirty thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the Jurisdictional -4- Court and subject to the following further conditions:-

   i.    The petitioners shall report before the
         Investigating         Officer       on    every      Monday
         between   9     a.m.    and    11    a.m.      for   three
         months    and        thereafter,         as    and       when

required by the Investigating Officer for interrogation. ii. The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation. iii. The petitioners shall not get involved in any other offence during the pendency of this case. Sd/-- B. SUDHEENDRA KUMAR, JUDGE STK

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