Suresh vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2021

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https://sooperkanoon.com/case/1655699

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Citation: sooperkanoon.com/1655699
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jul 30, 2021
Case Number: Bail Appl./5551/2021

Parties & Advocates

Appellant / Petitioner

Suresh

Respondent

State of Kerala

Excerpt

.....the annapoorneswari devi temple in kayamkulam, the petitioner was found carrying one litre of arrack. he was arrested along with the contraband and since then, is in judicial custody.2. i heard the learned counsel on both sides.3. it is submitted that the petitioner does not havecriminal antecedents. this statement has been endorsed by the learned public prosecutor also. the contraband is only one litre of arrack. the investigation has advanced considerably so that his further detention is not warranted.4. therefore, the petitioner shall be released on bail on the following conditions:-i) petitioner shall execute a 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; ii) he shall not try to contact or influence the witnesses or tamper with the evidence; iii) he shall not leave the country without permission 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) the petitioner shall strictly abide the variousguidelines issued by the state and central governments withrespect 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. bail application is allowed as above. sd/- k.haripal judge rmv/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 CRIME NO. 179 OF 2021 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT AGAINST THE ORDER/JUDGMENT IN CRMC 3322/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM, ALAPPUZHA
PETITIONER/ACCUSED: SURESH AGED 53 YEARS S/O.KUTTAPPAN, THENCHERIL VEETTIL, KANNAMBALLI BHAGAM, KEERIKKAD VILLAGE, PIN - 690 502. BY ADV M.R.SASITH PANICKER RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. SR.PP - SRI. SANTHOSH PETER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioner is the sole accused in Crime No. 719 of 2021 of Kayamkulam police station which was registered alleging offence punishable under Sections 8 (1) and (2) of the Abkari Act. It is alleged that on 15.07.2021 at 2.25 pm, near the Annapoorneswari Devi Temple in Kayamkulam, the petitioner was found carrying one litre of arrack. He was arrested along with the contraband and since then, is in judicial custody.

2. I heard the learned counsel on both sides.

3. It is submitted that the petitioner does not have

criminal antecedents. This statement has been endorsed by the learned Public Prosecutor also. The contraband is only one litre of arrack. The investigation has advanced considerably so that his further detention is not warranted.

4. Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute a 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; ii) He shall not try to contact or influence the witnesses or tamper with the evidence; iii) He shall not leave the country without permission 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) The petitioner 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. Bail Application is allowed as above. Sd/- K.HARIPAL JUDGE RMV/30/07/2021

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