Kishore vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 29, 2020

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Citation: sooperkanoon.com/1832293
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Dec 29, 2020
Case Number: Bail Appl./9044/2020

Parties & Advocates

Appellant / Petitioner

Kishore

Respondent

State of Kerala

Excerpt

.....2.50 pm the inspector of police while on patrol duty found 23 litres of indian made foreign liquor being transported by the petitioner in autorishaw bearing registration no.kl-21-d-5859 at ambamkunnu in thenkara-kanjiram kanal road. the petitioner is in custody since 05.12.2020.2. heard the learned counsel for the petitioner/accused and the learned public prosecutor.3. the learned public prosecutor on instruction has submittedthat the petitioner has no criminal antecedents. in all probability, in the nature of the crime, investigation must have been progressed. therefore, he can be released on bail on the following conditions: i) the petitioner shall execute 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 interfere with the investigation nor shall try to influence the witnesses or tamper with evidence; b.a.no.9044/2020 3 iii) petitioner shall not leave india without permission of the jurisdictional court; iv) he shall appear before the investigating officer as and when necessary; v) the petitioner shall strictly abide the variousguidelines issued by the state government and thecentral government with respect to keeping of social distancing in the wake of covid 19 pandemic; vi) if any of the above conditions are violated by the petitioner, the jurisdictional court can cancel the bail, in accordance with law. sd/- k.haripal judge dg

Full Judgment

B.A.No.9044/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942 Bail Appl.No.9044 OF 2020 CRIME NO.949/2020 OF Mannarkkad Police Station, Palakkad PETITIONER/S: KISHORE, AGED 23 YEARS, KALLIVALAPPIL HOUSE, THENKARA P.O, MANNARKKAD, PALAKKAD-678 581. BY ADV. SHRI.T.K.SANDEEP RESPONDENT/S: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682 031. Sri.AJITH MURALI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.9044/2020 2

ORDER

Dated this the 29th day of December, 2020 This is an application filed under Section 439 of the Cr.P.C by the

accused in Crime No.949/2020 of Mannarkkad Police Station alleging offence punishable under Section 55(a) of the Kerala Abkari Act. The prosecution allegation is that on 05.12.2020 at about 2.50 pm the Inspector of police while on patrol duty found 23 litres of Indian Made Foreign Liquor being transported by the petitioner in autorishaw bearing registration No.KL-21-D-5859 at Ambamkunnu in Thenkara-

Kanjiram Kanal Road. The petitioner is in custody since 05.12.2020.

2. Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor.

3. The learned Public Prosecutor on instruction has submitted

that the petitioner has no criminal antecedents. In all probability, in the nature of the crime, investigation must have been progressed. Therefore, he can be released on bail on the following conditions: i) The petitioner shall execute 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 interfere with the investigation nor shall try to influence the witnesses or tamper with evidence; B.A.No.9044/2020 3 iii) Petitioner shall not leave India without permission of the jurisdictional Court; iv) He shall appear before the investigating officer as and when necessary; v) The petitioner shall strictly abide the various

guidelines issued by the State Government and the

Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic; vi) If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail, in accordance with law. Sd/- K.HARIPAL JUDGE DG

Same Court & Year Kerala · 2020 Same Parties Kishore vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal