Bhadran vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1748863
CourtKerala High Court
Decided OnMar-02-2020
Case NumberBail Appl./1445/2020
JudgeHonourable Mrs. Justice Shircy V.
AppellantBhadran
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice shircy v. monday, the 02nd day of march 2020 / 12th phalguna, 1941 bail appl..no.1445 of 2020 against the orderin cmp 634/2020 of judicial magistrate of first class , kayamkulam crime no.12/2020 of nooranad excise range office, alappuzha petitioner/saccused: bhadran aged 51 years s/o. gangadharan, ambadiyilveedu kannanakuzhimuri, thamarakulam, mavelikara taluk, alappuzha district. by advs. sri.v.g.arun (k/795/2004) smt.v.jaya ragi sri.neeraj narayan sri.r.harikrishnan (kambisseril) respondents/complainant: 1 state of kerala represented by the public prosecutor, high court of kerala, ernakulam, pin-682 03. 2 the exxcise inspector nooranadu range, nooranadu, alappuzha, pin-690 504. other present: sr.pp - sri. c.n.prabhakaran this bail application having come up for admission on 02.03.2020, the court on the same day passed the following:orderdated this the 2nd day of march 2020 application for regular bail.2. the petitioner is the accused in crime no. 12 of 2020 of excise range, nooranad registered for the offences punishable under section 55(i) of the kerala abkari act.3. the petitioner has been in custody since 19.01.2020.4. the prosecution allegation is that on19.01.2020 at about 6.25 a.m, the petitioner was found engaged with sale of 600 mls. of indian made foreign liquor by the excise officials in contravention of the provisions of the abkari act and thereby committed the aforesaid offences.5. the learned counsel for the petitioner submits that the petitioner is innocent of the allegations levelled against him.6. according to the learned public prosecutor, the investigation is going on smoothly.7. considering the period of detention undergoneby the petitioner in judicial custody, the present stage of investigation as well the other facts and circumstances, i am inclined to grant bail to him. therefore, this application is allowed subject to the following conditions:(i) the petitioner shall be released on bail on hisexecuting a bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.(ii) the petitioner shall appear before the investigating officer for interrogation as and when required by him, in writing.(iii) the petitioner shall not directly or indirectly,make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.(iv) the petitioner shall not commit any offence while on bail. in case of violation of any of the above conditions, the learned magistrate is empowered to cancel the bail in accordance with the law. sd/- shircy v. judge sb
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941 Bail Appl..No.1445 OF 2020 AGAINST THE ORDERIN CMP 634/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM CRIME NO.12/2020 OF Nooranad Excise Range Office, Alappuzha PETITIONER/SACCUSED: BHADRAN AGED 51 YEARS S/O. GANGADHARAN, AMBADIYILVEEDU KANNANAKUZHIMURI, THAMARAKULAM, MAVELIKARA TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.V.G.ARUN (K/795/2004) SMT.V.JAYA RAGI SRI.NEERAJ NARAYAN SRI.R.HARIKRISHNAN (KAMBISSERIL) RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 03. 2 THE EXXCISE INSPECTOR NOORANADU RANGE, NOORANADU, ALAPPUZHA, PIN-690 504. OTHER PRESENT: SR.PP - SRI. C.N.PRABHAKARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 2nd day of March 2020 Application for regular bail.

2. The petitioner is the accused in Crime No. 12 of 2020 of Excise Range, Nooranad registered for the offences punishable under Section 55(i) of the Kerala Abkari Act.

3. The petitioner has been in custody since 19.01.2020.

4. The prosecution allegation is that on

19.01.2020 at about 6.25 a.m, the petitioner was found engaged with sale of 600 mls. of Indian made foreign liquor by the Excise Officials in contravention of the provisions of the Abkari Act and thereby committed the aforesaid offences.

5. The learned counsel for the petitioner submits that the petitioner is innocent of the allegations levelled against him.

6. According to the learned Public Prosecutor, the investigation is going on smoothly.

7. Considering the period of detention undergone

by the petitioner in judicial custody, the present stage of investigation as well the other facts and circumstances, I am inclined to grant bail to him. Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his

executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly,

make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE sb