High CourtsSingle Bench

Santhosh vs State Of Kerala

High Court Of Kerala · Decided on 19 October 2022 · Citation: (2022) 10 KL CK 0155

HON’BLE JUDGES
Viju Abraham, J
ACTS & SECTIONS REFERRED
Kerala Abkari Act, 1967 — Section 55(i)
RESULT
Dismissed
CASE NUMBER
Bail Application No. 8048 Of 2022
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Judgment

12 paragraphs · 339 words

Viju Abraham, J.

1.

This is an application for regular bail.

2.

The petitioner is the sole accused in Crime No.54/2022 of Kattappana Excise Range, Idukki District, alleging commission of offence punishable under Section 55(i) of the Abkari Act.

3.

The prosecution allegation is that, on 01.10.2022 at 9 pm, the Excise Range Inspector, Kattappana and his team, upon a secret information, raided the house of the petitioner/accused and found 10 litres of Indian Made Foreign Liquor from the eastern side of the petitioner's property where fire woods were stored and thereby committed the above said offence.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime and that he is in custody from 01.10.2022 onwards. It is also submitted that the petitioner has no other criminal antecedents.

5.

I have heard the learned Public Prosecutor also.

6.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 01.10.2022 onwards, I am inclined to grant bail to the petitioner subject to 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 a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The Petitioner shall appear before the investigating officer in Crime No.54/2022 of Kattappana Excise Range, Idukki District as and when required;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.54/2022 of Kattappana Excise Range, Idukki District;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.54/2022 of Kattappana Excise Range, Idukki District may file an application before the jurisdictional court, for cancellation of bail.