Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.ANIL KUMAR TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941 AGAINST THE ORDER/JUDGMENT IN CMP 1375/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD DATED 12-04-2019 CRIME NO. 61/2019 OF Kasaragod Excise Range Office , Kasargod PETITIONER/ ACCUSED: HAREESHA.K AGED 29 YEARS S/O.PUSHPA, SP NAGAR VEETTIL, ULIYATHADKA,MADHUR VILLAGE, KASARAGODE-671121. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/ COMPLAINANT AND STATE: 1 THE EXCISE INSPECTOR KASARAGODE EXCISE RANGE, KASARAGODE-671121. 2 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682031. OTHER PRESENT: SRI C K PRASAD -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-
N.ANIL KUMAR, J.
------------------------- Bail Appln.No.3056 of 2019 --------------------------------------- Dated this the 30th day of April, 2019
ORDER
Petition filed under Section 439 Cr.P.C. Petitioner is the accused in Crime No. offences punishable under Sections 58 and 67 B of the Abkari Act 1 of 1077.
2. The prosecution case in brief is that on
04.04.2019 at 9.15 pm, the accused was found in possession and transporting of 48 packets having a capacity of 180 ml each of Indian Made Foreign Liquor with a label under the name and style “Bangalore Malt Whiskey for sale in Karnataka only“ and 64 packets having a capacity of 180 ml each of “Boss Black and Gold Whiskey for sale in Karnataka only” in an autorickshaw bearing -3- Registration Number KL-14-P-9633 in front of the gate of Kasaragode Block Development Office at Ashwini Nagar in Kasaragode Village.
3. The accused was arrested and produced
before the Learned Judicial First Class Magistrate Court-1, Kasaragode on 05.04.2019 and he was remanded to judicial custody on the same day. Considering the facts that the accused has been in judicial custody since 05.04.2019, further detention of the accused in connection with the crime is not required. Hence bail is granted to the petitioner on the following conditions.
i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate's court concerned. ii) The petitioner shall appear before -4- the Investigating Officer between 9 a.m. and 11 a.m. on all Mondays and Thursdays for a period of three months after being released on bail. iii)The petitioner shall not in any manner intimidate or influence the prosecution witnesses. He will not in any manner contact or try to contact or try to contact the prosecution witnesses, even over phone or otherwise. iv) The petitioner shall surrender his passport in the Magistrate's court/jurisdictionalcourt concerned within three days of his release on bail. If he does not possess any passport,he shall file an affidavit to that effect in that court within that period. v) The petitioner shall not leave the -5- State of Kerala without the prior permission of the jurisdictional court concerned. vi) If the petitioner violates any of the conditions of bail, it is open to the Court having jurisdiction over the case to cancel his bail without any further orders from this Court but in accordance with law. SD/- N.ANIL KUMAR JUDGE SJ