Satyan vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 25, 2021

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Citation: sooperkanoon.com/1701656
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Nov 25, 2021
Case Number: Bail Appl./8886/2021

Parties & Advocates

Appellant / Petitioner

Satyan

Respondent

State of Kerala

Excerpt

.....possession of 50.5 litres of indian made foreign liquor kept for the purpose of sale in contravention of the provisions of the kerala abkari act and thereby committed the aforesaid offences.5. the learned public prosecutor on instruction submits that this petitioner has no criminal antecedents and now the investigation in this case is practically over.6. considering the period of detention undergone by thepetitioner, the quantity of the contraband involved and the present stage of investigation, i am inclined to release him on bail. therefore, this application is allowed subject to the following conditions:(i) the petitioner shall be released on bail on his executing abond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.(ii) the petitioner shall appear before the investigating officer for interrogation as and when required by him, in writing.(iii) the petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing suchfacts to the court or to any police officer or tamper with theevidence.(iv) the petitioner shall not commit any offence while on bail.in case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law. sd/- shircy v. judge sb

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943 BAIL APPL. NO. 8886 OF 2021 AGAINST THE ORDER/JUDGMENT IN CRMC 1813/2021 OF DISTRICT COURT & SESSIONS COURT, THRISSUR CRIME NO. 1127 OF 2021 OF PERAMANGALAM POLICE STATION
PETITIONER/ACCUSED: SATYAN AGED 49 YEARS S/O. AYYAPPAN, MUCHILLUPARAMBIL HOUSE, NEAR PHC, MUNDUR VILLAGE, THRISSUR. BY ADVS. V.A.JOHNSON (VARIKKAPPALLIL) P.D.BABY JOHN RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 OTHER PRESENT: SREEJA.V- SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 25th day of November, 2021 Application for regular bail.

2. This petitioner is the sole accused in Crime No. 1127 of 2021 of Peramangalam Police Station registered for the offences punishable under Sections 55(a), 55(i), 13 and 63 of the Kerala Abkari Act.

3. The petitioner has been in custody since 08.10.2021.

4. The prosecution allegation is that on 08.10.2021 at

about 9.25 p.m. the petitioner was found in possession of 50.5 litres of Indian made foreign liquor kept for the purpose of sale in contravention of the provisions of the Kerala Abkari Act and thereby committed the aforesaid offences.

5. The learned Public Prosecutor on instruction submits that this petitioner has no criminal antecedents and now the investigation in this case is practically over.

6. Considering the period of detention undergone by the

petitioner, the quantity of the contraband involved and the present stage of investigation, I am inclined to release him on bail. Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a

bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such

facts to the court or to any police officer or tamper with the

evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE sb

Same Court & Year Kerala · 2021 Same Parties Satyan vs State of Kerala Same Judge Honourable Mrs. Justice Shircy V.