Chinnan, vs State of Kerala,

Type Court Judgment Court Kerala Decided Apr 26, 2019

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https://sooperkanoon.com/case/1907207

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Citation: sooperkanoon.com/1907207
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Apr 26, 2019
Case Number: Bail Appl./2785/2019

Parties & Advocates

Appellant / Petitioner

Chinnan,

Respondent

State of Kerala,

Excerpt

..... the offence punishable under sections 8(1) and 8(2) of the kerala abkari act. theprosecution case is that on 04.03.2019 the accused were found in possession of country made illicit arrack totalling 15 litres and they were arrested from thescene and seized the contraband. they have been in judicial custody ever since. the petitioners do not have any criminal antecedents. they have already been incarcerated for 53 days. no custodial interrogationis necessary and there is nothing to be recovered. in view of the fact that there is no criminal antecedents and there is no possibility of absconding, the petitioners shall be released on bail. hence, this application is allowed and the petitioners shall be released on bail on the following conditions: 1) they 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 magistrate having jurisdiction. 2) they shall surrender the passport before the magistrate or the investigating officer. 3) they shall appear before the concerned investigating officer on every monday between 9 am and 11 am for a period of three months or till the filing of the final report, whichever is earlier. 4) they shall not intimidate or attempt to influence the witnesses; nor tamper with the evidence. in case of breach of violation of any of the above conditions, the bail granted is liable to be cancelled. sd/- ashok menon dkr judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 26TH DAY OF APRIL 2019 / 6TH VAISAKHA, 1941 AGAINST THE ORDER/JUDGMENT IN CMP 1092/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS, MANNARKAD DATED 15-03-2019 CRIME NO.44/2019 of Agali Police Station, Palakkad PETITIONERS/ACCUSED 1 & 2: 1 CHINNAN, AGED 36 YEARS, S/O.MURUKAN, 2 VELLINGIRI, AGED 43 YEARS, S/O.NANCHAN, BY ADV. SRI.T.K.SANDEEP RESPONDENT/COMPLAINANT & STATE: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. OTHER PRESENT: SRI C N PRABHAKARAN, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

The petitioners are accused Nos.1 and 2 in Crime

No.44/2019         of        Agali     Police        Station     for    having
allegedly        committed           the        offence    punishable      under
Sections 8(1) and 8(2) of the Kerala Abkari Act.                            The

prosecution case is that on 04.03.2019 the accused were found in possession of country made illicit arrack totalling 15 litres and they were arrested from the

scene and seized the contraband.                           They have been in
judicial custody ever since.                       The petitioners do not
have any criminal antecedents.                      They have already been
incarcerated for 53 days.                       No custodial interrogation

is necessary and there is nothing to be recovered. In view of the fact that there is no criminal antecedents and there is no possibility of absconding, the petitioners shall be released on bail. Hence, this application is allowed and the petitioners shall be released on bail on the following conditions: 1) They 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 Magistrate having jurisdiction. 2) They shall surrender the Passport before the Magistrate or the Investigating Officer. 3) They shall appear before the concerned Investigating Officer on every Monday between 9 am and 11 am for a period of three months or till the filing of the final report, whichever is earlier. 4) They shall not intimidate or attempt to influence the witnesses; nor tamper with the evidence. In case of breach of violation of any of the above conditions, the bail granted is liable to be cancelled. Sd/- ASHOK MENON dkr JUDGE

Same Court & Year Kerala · 2019 Same Parties Chinnan, vs State of Kerala, Same Judge Honourable Mr. Justice Ashok Menon