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Upendra Kumar B vs State of Kerala

Upendra Kumar B vs State of Kerala

Type Court Judgment Court Kerala Decided May 31, 2021
~3 min read
https://sooperkanoon.com/case/1639576

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./3927/2021

Parties & Advocates

Appellant / Petitioner

Upendra Kumar B

Respondent

State of Kerala

Excerpt

.....public prosecutor submitted that substantial portion of the investigation is over.4. it appears from the case records that the investigation has made muchheadway. it is not reported that the applicant is involved in any other crimes of similar nature. having regard to the nature and gravity of the allegations, the quantity of alcohol seized, the period of detention undergone and the stage of investigation, i am of the view that the applicant can now be released on bail. in the result, this application will stand allowed, however, the same shall be subjected to the following conditions. the applicant shall be released on bail on his executing a bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.bail appl. no. 3927 of 2021 3 the above order shall be subject to the following conditions: 1). the applicant shall appear before the investigating officer on all saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.2). he shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence. 3). he shall not commit any offence while on bail. in case of violation of any of the above conditions, the jurisdictional court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law. sd/- raja vijayaraghavan v judge iap

Full Judgment

BAIL APPL. NO. 3927 OF 2021 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 BAIL APPL. NO. 3927 OF 2021 Crime No. 66/2021 of Kumbla Excise Range PETITIONER/S: UPENDRA KUMAR B AGED 32 YEARS BALEHITTILU HOUSE, SHANTHINAGAR DESOM, PAIVALIKE VILLAGE, MANJESWARAM TALUK, KASARGOD KASARGOD, PIN - 671323 BY ADV ANIL K.MOHAMMED RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 SRI AJITH MURALI-PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 3927 OF 2021 2

ORDER

This application is filed under §439 of the Cr.P.C.

2. The applicant herein is the accused in Crime No. 66/2021 of Kumbla

Excise Range registered under Sections 58 and Section 67B of the Abkari Act. The prosecution allegation is that on 27.04.2021 at 9.30 pm, the applicant was allegedly found having in his possession 34.56 litres of Indian Made Foreign Liquor, meant for sale in the State of Karnataka.

3. The learned counsel submitted that the applicant was arrested on 28.04.2021 and has been in custody since then. The learned public prosecutor submitted that substantial portion of the investigation is over.

4. It appears from the case records that the investigation has made much

headway. It is not reported that the applicant is involved in any other crimes of similar nature. Having regard to the nature and gravity of the allegations, the quantity of alcohol seized, the period of detention undergone and the stage of investigation, I am of the view that the applicant can now be released on bail. In the result, this application will stand allowed, however, the same shall be subjected to the following conditions. The applicant shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

BAIL APPL. NO. 3927 OF 2021 3 The above order shall be subject to the following conditions: 1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.

2). He shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence. 3). He shall not commit any offence while on bail. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law. Sd/- RAJA VIJAYARAGHAVAN V JUDGE IAP

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