Santhosh vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 04, 2021

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https://sooperkanoon.com/case/1708026

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Citation: sooperkanoon.com/1708026
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jan 04, 2021
Case Number: Bail Appl./8334/2020

Parties & Advocates

Appellant / Petitioner

Santhosh

Respondent

State of Kerala

Excerpt

.....were found in possession of 139 litres of indian made foreign liquor in plastic bottles being transported in an omni van bearing registration no. kl/05-8168 in contravention of the abkari act. the applicants were apprehended and remanded to judicial custody. they continue to remain in custody since their arrest.3. the applicants state that they are innocent and the allegations are not true. they do not have any criminal antecedents. therefore they may be released on bail.4. heard the learned counsel for the applicants and the learned public prosecutor.5. the learned public prosecutor admits that the applicantshave no other criminal antecedents. considering this fact and bail appl..no.8334 of 2020 3 the fact that the applicants have already been in custody since 24.11.2020, i find that further incarceration of the applicants may no be necessary. in the result, the bail application is allowed and the applicants are directed to be released on bail on execution of bond for rs. 50,000/-(rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-(i) they shall not get involved in similar cases during the currency of the bail.(ii) they shall appear before the investigating officer as and when called for.(iii) they shall not tamper with evidence, intimidate or influence the witnesses .in case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court. sd/- ashok menon judge rmm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942 Bail Appl..No.8334 OF 2020 CRIME NO.63/2020 OF Padagiri Police Station , Palakkad PETITIONER/S: 1 SANTHOSH SANTHOSH,AGED 36 YEARS, SON OF SWAMINATHAN, MATTAI COLONY, POTHUNDY PO, NEMMARA, PALAKKAD DISTRICT. 2 SATHAYAN, AGED 26 YEARS, SON OF KITTU, MATTAI COLONY, POTHUNDY PO, NEMMARA, PALAKKAD DISTRICT. 3 RAHUL, AGED 20 YEARS, SON OF KANDAMUTHAN,MATTAI COLONY,POTHUNDY PO, NEMMARA, PALAKKAD DISTRICT BY ADV. SRI.BABY MATHEW

RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA R1 BY PUBLIC PROSECUTOR OTHER PRESENT: SMT.V.SREEJA -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.8334 OF 2020 2

O R D E R

Dated this the 4th day of January 2021 Application for regular bail under Section 439 of Cr.P.C. Applicants are accused in Crime No.63/2020 Padagiri Police Station, Palakkad for having allegedly committed offences punishable under Section 55 (a) of the Kerala Abkari Act.

2. The prosecution case, in brief, is that on 24.11.2020 at

about 2.30 p.m. at Ayyappanthittu, Nelliyampathy, they were found in possession of 139 litres of Indian Made Foreign Liquor in plastic bottles being transported in an Omni Van bearing registration No. KL/05-8168 in contravention of the Abkari Act. The applicants were apprehended and remanded to judicial custody. They continue to remain in custody since their arrest.

3. The applicants state that they are innocent and the allegations are not true. They do not have any criminal antecedents. Therefore they may be released on bail.

4. Heard the learned counsel for the applicants and the learned Public Prosecutor.

5. The learned Public Prosecutor admits that the applicants

have no other criminal antecedents. Considering this fact and Bail Appl..No.8334 OF 2020 3 the fact that the applicants have already been in custody since 24.11.2020, I find that further incarceration of the applicants may no be necessary. In the result, the Bail Application is allowed and the applicants are directed to be released on bail on execution of bond for Rs. 50,000/-(Rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) They shall not get involved in similar cases during the currency of the bail.

(ii) They shall appear before the investigating officer as and when called for.

(iii) They shall not tamper with evidence, intimidate or influence the witnesses .

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court. Sd/- ASHOK MENON JUDGE rmm

Same Court & Year Kerala · 2021 Same Parties Santhosh vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon