Linson, vs State of Kerala

Type Court Judgment Court Kerala Decided May 29, 2020

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https://sooperkanoon.com/case/1766515

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Citation: sooperkanoon.com/1766515
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: May 29, 2020
Case Number: Bail Appl./2917/2020

Parties & Advocates

Appellant / Petitioner

Linson,

Respondent

State of Kerala

Excerpt

.....in his rented house at poovani desom. he was arrested on the very same day and since then he has been in judicial custody. he seeks bail.2. heard the learned counsel appearing for thepetitioner and the learned public prosecutor. the petitioner has no criminal antecedents. he has been in judicial custody for more than a month now. hence, further incarceration of the petitioner is not necessary.3. in the result, the petition is allowed and the petitioner is released on bail on the following conditions:(i) he shall execute self bond for rs.1,00,000/-(rupeesone lakh only), before the superintendent of the jail, where he is in detention, with an undertaking that he shall appear before the jurisdictional court soon after the lockdown is withdrawn and execute a bond for the aforesaid amount with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court.(ii) during the bail period, he shall not get involved in any similar offences. breach of the bail conditions would entail in cancellation of the bail, on an application being filed by the prosecution before the jurisdictional court.sd/- ashok menon judge nr/29/05/20 appendix petitioner's exhibits: annexure a1 true copy of order of judicial first class magistrate court-i, thrissur, dated 28/4/2020 in cmp.no.1333/2020 respondents' exhibits: nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF MAY 2020 / 8TH JYAISHTA, 1942 Bail Appl..No.2917 OF 2020 CRIME NO.15/2020 OF KOLAZHI EXCISE RANGE, THRISSUR PETITIONER/2ND ACCUSED: LINSON, AGED 40 YEARS, S/O.VARGHEESE, ELUVATHINKAL HOUSE, ATHANI, UDAYANAGAR DESOM, THEKKUMKARA VILLAGE, THALAPPILLY TALUK, THRISSUR - 680 589 BY ADV. SRI.C.A.CHACKO RESPONDENTS/COMPLAINANTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031 2 THE INSPECTOR, KOLAZHI EXCISE RANGE, THRISSUR - 680 010 OTHER PRESENT: SRI. AMJAD ALI - PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.05.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 29th day of May, 2020 The petitioner is the 2nd accused in Crime No.15/2020 of Kolazhi Excise Range, Thrissur, for having allegedly committed offence punishable under Section 55(g) of the Kerala Abkari Act. The prosecution case is that on 26.04.2020 at about 11.45 am, the petitioner was found to be in possession of 35 liters of wash for the purpose of distilling arrack in his rented house at Poovani Desom. He was arrested on the very same day and since then he has been in judicial custody. He seeks bail.

2. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor. The petitioner has no criminal antecedents. He has been in judicial custody for more than a month now. Hence, further incarceration of the petitioner is not necessary.

3. In the result, the petition is allowed and the petitioner is released on bail on the following conditions:

(i) He shall execute self bond for Rs.1,00,000/-(Rupees

One lakh only), before the Superintendent of the Jail, where he is in detention, with an undertaking that he shall appear before the jurisdictional court soon after the lockdown is withdrawn and execute a bond for the aforesaid amount with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court.

(ii) During the bail period, he shall not get involved in any similar offences. Breach of the bail conditions would entail in cancellation of the bail, on an application being filed by the prosecution before the jurisdictional court.

Sd/- ASHOK MENON JUDGE NR/29/05/20 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1 TRUE COPY OF ORDER OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR, DATED 28/4/2020 IN CMP.NO.1333/2020 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2020 Same Parties Linson, vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon