Kannan vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2021

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https://sooperkanoon.com/case/1655507

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Citation: sooperkanoon.com/1655507
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jul 30, 2021
Case Number: Bail Appl./5525/2021

Parties & Advocates

Appellant / Petitioner

Kannan

Respondent

State of Kerala

Excerpt

.....excise range is before court seeking regular bail under section 439 of the cr.p.c.2. it is alleged that on 14.07.2021, he was found in possession of two litres of arrack and was arrested along with the contraband and since then is in judicial custody.3. i heard counsel on both sides.4. the learned public prosecutor has submitted that he does not have criminal antecedents.5. he is in custody for the last 16 days.investigation has reached final phase and therefore, his further detention is not necessary. therefore, the petitioner shall be released on bail on the following conditions:- i) petitioner shall execute bond for rs.50,000/-(rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court; -3-ii) he shall not try to contact or influence the witnesses or tamper with evidence; iii) he shall not leave the country without leave of the jurisdictional court; iv) he shall not involve in any crime during the period on bail; v) he shall appear before the investigating officer/trial court as and when required; vi) he shall strictly abide the variousguidelines issued by the state andcentral governments with respect to keeping of social distancing in the wake of covid 19 pandemic; vii) if any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law. this bail application is allowed as above. sd/- k.haripal judge nkr/30.07.2021

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. 5525 OF 2021 CRIME NO.52/2021 OF Wadakkancherry Excise Range Office, Thrissur PETITIONER/ACCUSED: KANNAN AGED 29 YEARS S/O.RAMAN, IRIPPAMKUNNATH HOUSE, MUNDATHIKODE, VADAKKUMURI DESOM, THRISSUR DISTRICT - 680 601. BY ADVS. T.K.VIPINDAS K.M.MUHAMMED HUSSAIN RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING, EXCISE INSPECTOR, WADAKKANCHERY EXCISE RANGE, THRISSUR DISTRICT. ADV.SRI.SANTHOSH PETER, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

O R D E R

The sole accused in crime No.52/2021 of Wadakkanchery Excise range is before Court seeking regular bail under Section 439 of the Cr.P.C.

2. It is alleged that on 14.07.2021, he was found in possession of two litres of arrack and was arrested along with the contraband and since then is in judicial custody.

3. I heard counsel on both sides.

4. The learned Public Prosecutor has submitted that he does not have criminal antecedents.

5. He is in custody for the last 16 days.

Investigation has reached final phase and therefore, his further detention is not necessary. Therefore, the petitioner shall be released on bail on the following conditions:- i) Petitioner shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court; -3-

ii) He shall not try to contact or influence the witnesses or tamper with evidence; iii) He shall not leave the country without leave of the jurisdictional court; iv) He shall not involve in any crime during the period on bail; v) He shall appear before the Investigating Officer/trial court as and when required; vi) He shall strictly abide the various

guidelines issued by the State and

Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic; vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law. This bail application is allowed as above. Sd/- K.HARIPAL JUDGE nkr/30.07.2021

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