Satyan, vs the State of Kerala,

Satyan, vs The State of Kerala,

Type Court Judgment Court Kerala Decided May 07, 2019

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https://sooperkanoon.com/case/1908505

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Citation: sooperkanoon.com/1908505
Court: Kerala High Court
Judge: Honourable Mr.Justice T.V.Anilkumar
Decided On: May 07, 2019
Case Number: Bail Appl./2827/2019

Parties & Advocates

Appellant / Petitioner

Satyan,

Respondent

The State of Kerala,

Excerpt

.....prosecution allegation is that on 16.03.2019 at 6.40 a.m, the accused was found to be in possession of 10 liters of arrack as well as 230 liters of wash and other utensils near the residential building of one sathyan in adinad village. the allegation is also to the effect that the accused was keeping the materials for the purpose of manufacturing the liquor.3. heard the learned counsel for the petitioner and also the learned public prosecutor.4. the petitioner has been in judicial custody since 16.3.2019. most part of thebail appl..no. 2827 of 2019 3 investigation is over by this time and therefore, there is no need to keep him in judicial custody. no criminal antecedents are also reported against him. in the circumstances, application for regular bail is granted to the petitioner subject to the following conditions:(i) petitioner shall be released onbail on his executing a bond for rs. 50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below.(ii) he shall appear before the investigating officer every saturday between 10 a.m., and 11 a.m till the investigation is completed.(iii) he shall not tamper with evidence, intimidate or influence the witnesses nor interfere with the investigation in any bail appl..no. 2827 of 2019 4 manner .(iv) he shall not involve in any criminal activities or similar offences while being on bail.(v) he shall surrender his original passport before the court below concerned and if he does not have one, he shall file an affidavit to that effect.(vi) he shall not leave the countrywithout seeking permission of the concerned court below. if any of the above conditions is violated, the concerned court below shall have necessary power to cancel the bail in accordance with the procedure established by law. sd/- t.v.anilkumar, judge bail appl..no. 2827 of 2019 5 pm // true copy // pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR TUESDAY, THE 07TH DAY OF MAY 2019 / 17TH VAISAKHA, 1941 Bail Appl..No. 2827 of 2019 AGAINST THE ORDER/JUDGMENT IN CRMP 461/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY
CRIME NO. 42/2019 OF Karunagappally Excise Range Office , Kollam PETITIONER/ACCUSED: SATYAN, AGED 47 YEARS, S/O.PARAMU, PADIPPURA VAYALIL VEEDU, PUNNAKULAM MURI, ADINAD VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADVS. SRI.R.MOHANA BABU SRI.M.AJITH (KARICODE) RESPONDENT: THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. OTHER PRESENT: SRI K B UDAYAKUMAR SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No. 2827 of 2019 2

O R D E R

The petitioner is the accused in Crime No. 42 of 2019 of Karunagappally Excise Range registered for the offences under Sections 55(g), 8(1), (2) of the Kerala Abkari Act.

2. The prosecution allegation is that on 16.03.2019 at 6.40 a.m, the accused was found to be in possession of 10 liters of arrack as well as 230 liters of wash and other utensils near the residential building of one Sathyan in Adinad Village. The allegation is also to the effect that the accused was keeping the materials for the purpose of manufacturing the liquor.

3. Heard the learned counsel for the petitioner and also the learned Public Prosecutor.

4. The petitioner has been in judicial custody since 16.3.2019. Most part of the

Bail Appl..No. 2827 of 2019 3 investigation is over by this time and therefore, there is no need to keep him in judicial custody. No criminal antecedents are also reported against him. In the circumstances, application for regular bail is granted to the petitioner subject to the following conditions:

(i) Petitioner shall be released on

bail on his executing a bond for Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below.

(ii) He shall appear before the investigating officer every Saturday between 10 a.m., and 11 a.m till the investigation is completed.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses nor interfere with the investigation in any Bail Appl..No. 2827 of 2019 4 manner .

(iv) He shall not involve in any criminal activities or similar offences while being on bail.

(v) He shall surrender his original passport before the court below concerned and if he does not have one, he shall file an affidavit to that effect.

(vi) He shall not leave the country

without seeking permission of the concerned court below. If any of the above conditions is violated, the concerned court below shall have necessary power to cancel the bail in accordance with the procedure established by law. Sd/- T.V.ANILKUMAR, JUDGE Bail Appl..No. 2827 of 2019 5 pm // TRUE COPY // PA TO JUDGE

Same Court & Year Kerala · 2019 Same Parties Satyan, vs The State of Kerala, Same Judge Honourable Mr.Justice T.V.Anilkumar