Pradeep vs State of Kerala

Type Court Judgment Court Kerala Decided May 29, 2020

~2 min read

https://sooperkanoon.com/case/1766643

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1766643
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: May 29, 2020
Case Number: Bail Appl./2955/2020

Parties & Advocates

Appellant / Petitioner

Pradeep

Respondent

State of Kerala

Excerpt

.....the court on the same day passed the following:orderdated this the 29th day of may, 2020 the petitioners are accused 1 and 2 in crime no.677/2020 of poochackal police station, alappuzha, for having allegedly committed offences punishable under sections 55(b), 55(g), 8(1) & (2) of the kerala abkari act. the prosecution case is that the petitioners were found in illegal manufacturing of arrack behind a building bearing no:x/274. the petitioners were arrested on 26.04.2020 and were found to be in possession of 500 ml of arrack and 20 liters of wash. they seek bail.2. heard the learned counsel appearing for the petitioners and the learned public prosecutor. the petitionersdo not have any criminal antecedents. they have been in detentions since 26.04.2020. under the circumstances, i find that further incarceration of the petitioners is notnecessary.3. in the result, the petition is allowed and the petitioners are released on bail on the following conditions:(i) they shall execute self bond for rs.1,00,000/-(rupees one lakh only) each before the superintendent of the jail, where they are in detention, with an undertaking that they shall appear before the jurisdictional court soon after the lockdown is withdrawn and execute a bond for the aforesaid amount each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court.(ii) during the bail period, they 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 petitioners' exhibits: annexure-a copy of the order dated on 11/05/2020 in crl.m.p.no (tmp) 153/2020 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.2955 OF 2020 ARISING OUT OF CRIME NO.677/2020 OF POOCHACKAL POLICE STATION , ALAPPUZHA PETITIONERS/ACCUSED NO.1 & 2: 1 PRADEEP, AGED 46 YEARS, S/O.CHELLAPPAN, 2 SANAL, AGED 42 YEARS, S/O.PRABHAKARAN, BY ADVS. D.DEEPAK SRI.K.P.PRASANTH RESPONDENT/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-18. PIN - 682031 2 THE STATION HOUSE OFFICER, POOCHAKKAL POLICE STATION, ALAPPUZHA DISTRICT. 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 petitioners are accused 1 and 2 in Crime No.677/2020 of Poochackal Police Station, Alappuzha, for having allegedly committed offences punishable under Sections 55(b), 55(g), 8(1) & (2) of the kerala Abkari Act. The prosecution case is that the petitioners were found in illegal manufacturing of arrack behind a building bearing No:X/274. The petitioners were arrested on 26.04.2020 and were found to be in possession of 500 ml of arrack and 20 Liters of wash. They seek bail.

2. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. The petitioners

do not have any criminal antecedents.                  They have been in
detentions since 26.04.2020.                 Under the circumstances, I
find   that further       incarceration      of the petitioners is not

necessary.

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

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

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

(ii) During the bail period, they 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 PETITIONERS' EXHIBITS: ANNEXURE-A COPY OF THE ORDER DATED ON 11/05/2020 IN CRL.M.P.NO (TMP) 153/2020 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

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