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Rameshkumar Vs STATE OF KERALA

Rameshkumar vs State of Kerala

Type Court Judgment Court Kerala Decided May 27, 2021
~2 min read
https://sooperkanoon.com/case/1639765

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./3877/2021

Parties & Advocates

Appellant / Petitioner

Rameshkumar

Respondent

State of Kerala

Excerpt

.....in crime no.9 of 2021 of marayoor excise range registered for the offence punishable under section 58 of the abkari act on the allegation that on 7.5.2021 at 4.20 p.m., the petitioners were found in possession of 10.875 litres of indian made foreign liquor, in contravention of the provisions of the abkari act.2. the petitioners were arrested from the spot and ever since, they have been in custody.3. heard.4. the learned pubic prosecutor has no seriousobjection in granting bail to the petitioners. the learned public prosecutor has submitted that the petitioners are not involved in any other offence of similar nature. considering the facts and circumstances of the case, including the fact that the contraband seized was indian made foreign liquor and also taking into consideration of the quantity of the contraband seized, i am inclined to grant -3- 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.35,000/- (rupees thirty five thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the jurisdictional magistrate and subject to the following conditions:1) the petitioners shall report before the investigating as and when required by the investigating officer for interrogation. 2) the petitioners shall not get involved in any other offence during the pendency of this case. 3) the petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.sd b. sudheendra kumar, judge. dl/

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 BAIL APPL. NO. 3877 OF 2021 CRIME NO.09/2021 OF Marayoor Thankamony, Idukki

PETITIONER/S: 1 RAMESHKUMAR, AGED 38 YEARS PANAKKAL VEEDU, KOVILKADAV KARA KANDALLOOR VILLAGE DEVIKULAM TALUK 2 MOORTHY, AGED 47 YEARS, 47/10, DINDU KOMBU KANDALLOOR VILLAGE, DEVIKULAM TALUK BY ADVS. C.R.SIVAKUMAR SMT.BINI.K SMT.GAYA S LATHA SMT.C.B.BHAGYALEKSHMY SMT.MINI.M.NAIR RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE EXCISE INSPECTOR, MARAYOOR EXCISE RANGE,MARAYOOR, IDUKKI, PIN - 685620 BY 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 in Crime No.9 of 2021 of Marayoor Excise Range registered for the offence punishable under Section 58 of the Abkari Act on the allegation that on 7.5.2021 at 4.20 p.m., the petitioners were found in possession of 10.875 litres of Indian made foreign liquor, in contravention of the provisions of the Abkari Act.

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

3. Heard.

4. The learned Pubic Prosecutor has no serious

objection in granting bail to the petitioners. The learned Public Prosecutor has submitted that the petitioners are not involved in any other offence of similar nature. Considering the facts and circumstances of the case, including the fact that the contraband seized was Indian made foreign liquor and also taking into consideration of the quantity of the contraband seized, I am inclined to grant -3- 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.35,000/- (Rupees thirty five thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the Jurisdictional Magistrate and subject to the following conditions:

1) The petitioners shall report before the Investigating as and when required by the Investigating Officer for interrogation. 2) The petitioners shall not get involved in any other offence during the pendency of this case. 3) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

sd B. SUDHEENDRA KUMAR, JUDGE. dl/

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

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