High CourtsSingle Bench

Binu Raj vs State Of Kerala

High Court Of Kerala · Decided on 10 October 2022 · Citation: (2022) 10 KL CK 0067

HON’BLE JUDGES
Viju Abraham, J
ACTS & SECTIONS REFERRED
Kerala Abkari Act, 1967 — Section 55(i)
RESULT
Dismissed
CASE NUMBER
Bail Application No. 7648 Of 2022
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Judgment

12 paragraphs · 364 words

Viju Abraham, J.

1.

These are applications for regular bail.

2.

Petitioner is the sole accused in CR Nos.160 of 2022 and 161 of 2021 of the Pathanapuram Excise Range, Kollam registered alleging commission of offence punishable under Section 55(i) of the Abkari Act.

3.

The prosecution allegation in CR No.160 of 2022 is that on 10.09.2022 at 11.00 a.m. at the hall room of the house named Binu Mandiram Veedu, Pattazhy Grama Panchayat bearing No.VIII/291, Pattazhy Village wherein the petitioner is residing, the Excise Inspector, Excise Range Office, Pathanapuram and party found the petitioner in possession of 4.625 litres of IMFL and Rs.400/- and in CR No.161 of 2021, the Excise Inspector, Excise Range Office, Pathanapuram and party found the petitioner in possession of 470 ml. of IMFL and Rs.200/-. Thus the petitioner committed the abovesaid offence.

4.

Petitioner submits that he was arrested on 10.09.2022 and is in custody since then.

5.

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

Having regard to the facts and circumstances of the case and the nature of allegations, I am inclined to grant bail to the petitioner on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) each in both the crimes with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in CR Nos.160 of 2022 and 161 of 2021 of the Pathanapuram Excise Range, Kollam as and when required and co-operate with the investigation.

(iii) He shall not attempt to interfere with the investigation or to influence or intimidate any witness in CR Nos.160 of 2022 and 161 of 2021 of the Pathanapuram Excise Range, Kollam

(iv) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in CR Nos.160 of 2022 and 161 of 2021 of the Pathanapuram Excise Range, Kollam may file an application before the jurisdictional court, for cancellation of bail.