Rajendran vs State of Kerala

Type Court Judgment Court Kerala Decided May 28, 2021

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Citation: sooperkanoon.com/1640295
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: May 28, 2021
Case Number: Bail Appl./4052/2021

Parties & Advocates

Appellant / Petitioner

Rajendran

Respondent

State of Kerala

Excerpt

.....day delivered the following: -2-orderthe petitioner is the accused in crime no.39 of 2021 of nenmara excise range registered for the offence punishable under section 8(2) of the abkari act on the allegation that on 18.5.2021 at about 12.30 p.m., the petitioner was found in possession of three litres of arrack in his house, in contravention of the provisions of the abkari act.2. the petitioner was arrested from the spot and ever since, he has been in custody.3. heard.4. the learned pubic prosecutor has no seriousobjection in granting bail to the petitioner. the learned public prosecutor has submitted that the petitioner is not involved in any other offence of similar nature. considering the facts and circumstances of the case, including the fact that the petitioner is a first time offender, -3- i am inclined to grant bail to the petitioner. in the result, this application stands allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for rs.35,000/- (rupees thirty five thousand only), with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court and subject to the following conditions:1) the petitioner shall report before the investigating as and when required by the investigating officer for interrogation. 2) the petitioner shall not get involved in any other offence during the pendency of this case. 3) the petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation. sdb. sudheendra kumar, judge. dl/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943 BAIL APPL. NO. 4052 OF 2021 CRIME NO.39/2021 OF Nenmara Excise Range Office, Palakkad PETITIONER/S: RAJENDRAN AGED 48 YEARS SON OF RAMANKUTTY, NOORAMCHAKRAYI, KAYARADI, NENMARA, CHITTUR, PALAKKAD. PALAKKAD, PIN - 678508 BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR, SMT V SREEJA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

The petitioner is the accused in Crime No.39 of 2021 of Nenmara Excise Range registered for the offence punishable under Section 8(2) of the Abkari Act on the allegation that on 18.5.2021 at about 12.30 p.m., the petitioner was found in possession of three litres of arrack in his house, in contravention of the provisions of the Abkari Act.

2. The petitioner was arrested from the spot and ever since, he has been in custody.

3. Heard.

4. The learned Pubic Prosecutor has no serious

objection in granting bail to the petitioner. The learned Public Prosecutor has submitted that the petitioner is not involved in any other offence of similar nature. Considering the facts and circumstances of the case, including the fact that the petitioner is a first time offender, -3- I am inclined to grant bail to the petitioner. In the result, this application stands allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for Rs.35,000/- (Rupees thirty five thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Jurisdictional Court and subject to the following conditions:

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

B. SUDHEENDRA KUMAR, JUDGE. dl/

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