Santhosh vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 29, 2020

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Citation: sooperkanoon.com/1832305
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Dec 29, 2020
Case Number: Bail Appl./8970/2020

Parties & Advocates

Appellant / Petitioner

Santhosh

Respondent

State of Kerala

Excerpt

.....is in judicial custody. his application for bail moved before the judicial first class magistrate-i, alathur was dismissed.3. i heard the learned counsel on both sides.4. the petitioner is in custody from 08/12/2020 onwards . thequantity of liquor seized is only 5 litres; and there is no criminal antecedents to his credit. in such circumstances and by all means, the investigation must have been progressed considerably, so that, there is no impediment in granting bail to the petitioner. therefore, the bail application is allowed and the petitioner shall be released on bail on the following conditions:- b.a.8970/2020 3i) the petitioner shall execute a bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the judicial first class magistrate - i, alathur; ii) he shall not try to contact or influence the witnesses or tamper with evidence; 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 guidelinesissued 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 okb/29/12/2020 //true copy// p.s. to judge

Full Judgment

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.8970 OF 2020 CRIME NO.736/2020 OF NENMARA POLICE STATION , PALAKKAD PETITIONER/ACCUSED: SANTHOSH AGED 38 YEARS NENMARAPADAM HOUSE, VITHANASSERY, NENMARA PO, PALAKKAD DT.678508. BY ADV. SRI.P.SAMSUDIN RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY SRI. AJITH MURALI, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.8970/2020 2

ORDER

This is an application filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

2. Petitioner is the accused in Crime No.736/2020 of Nenmara

police station, who faces allegation under Section 55(a) of the Abkari Act. It is alleged that he had transported ten bottles of Indian Made Foreign Liquor having capacity of 500 ml. each in a Suzuki Access 125 motorcycle bearing Regn.No.KL-70-F-0588. He was arrested from the spot and since then is in judicial custody. His application for bail moved before the Judicial First Class Magistrate-I, Alathur was dismissed.

3. I heard the learned counsel on both sides.

4. The petitioner is in custody from 08/12/2020 onwards . The

quantity of liquor seized is only 5 litres; and there is no criminal antecedents to his credit. In such circumstances and by all means, the investigation must have been progressed considerably, so that, there is no impediment in granting bail to the petitioner. Therefore, the bail application is allowed and the petitioner shall be released on bail on the following conditions:- B.A.8970/2020 3

i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate - I, Alathur; ii) He shall not try to contact or influence the witnesses or tamper with evidence; 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 okb/29/12/2020 //True copy// P.S. to Judge

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