Allowed

Rajeevan v. State of Kerala

Kerala HC1 Oct 2018Bail Appl./6154/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by accused persons facing charges under the Abkari Act for concealing wash and distillation implements. The court released them on bail subject to specific conditions.

What did the court decide?

Release of applicants on bail after executing a bond of Rs. 50,000 each with two solvent sureties each for the like sum, subject to specific conditions regarding appearance and conduct.

Rajeevan Vs State of Kerala — Landlord and Tenant | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 01ST DAY OF OCTOBER 2018 / 9TH ASWINA, 1940

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Bail Appl..No. 6154 of 2018

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CRIME NO.77/2018 OF MANANTHAVADY EXCISE CIRCLE OFFICE, WAYANAD

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PETITIONERS/SACCUSED NOS.2 AND 3:

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1 RAJEEVAN, AGED 34 YEARS S/O.RAMAN, NEELIKUZHI HOUSE, NEELOME, KANJIRANGAD VILLAGE, MANANTHAVADY TALUK, WAYANAD DISTRICT.

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2 VINU, AGED 35 YEARS, (A3) S/O. THOMAS, SATHAMKOVIL VEEDU, NEELOME, COLONYMUKKU, KANJIRANGAD VILLAGE, MANANTHAVADY TALUK, WAYANAD DISTRICT

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BY ADVS. HEMALATHA SRI.BINU GEORGE

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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OTHER PRESENT:

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BY PUBLIC PROSECUTOR SRI. AMJAD ALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 6154 of 2018

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O R D E R

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This application is filed under § 439 of the Cr.P.C.

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The applicants herein are the accused Nos. 2 and 3 in Crime No.77 of 2018 registered at the Manathavady Excise Range under § 55(g) of the Abkari Act.

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The prosecution allegation is that on 1.9.2018, 140 litres of wash and certain other implements for distillation of arrack were found concealed in a banana plantation owned by the 1^st accused in the Crime. He was arrested and the contraband was seized. The 1^st applicant herein is the son of the 1^st accused and the 2^nd applicant is a close friend and associate of the 1^st applicant. Investigation revealed that they had a major role to play in the concealment of wash and the implements for distillation in the banana plantation.

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The learned counsel appearing for the applicants asserts that they are innocent. It is further submitted that the wash was seized from a property which was accessible to the general public and the applicants herein are arrayed as accused purely on the basis of surmises. It is further submitted that the 1^st accused has already been released on bail.

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Bail Appl..No. 6154 of 2018

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Opposing the prayer, the learned Public Prosecutor submitted that there are materials clearly showing the complicity of the applicants.

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I have considered the submissions advanced and have gone through the case diary. The prosecution has no case that the applicants are involved in any similar crimes. The case diary shows that substantial progress has been achieved insofar as the investigation in the subject crime is concerned.

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Having regard to the nature and gravity of the allegations, the period of incarceration undergone and the stage of investigation, I am of the view that the applicants herein can now be released on bail on conditions.

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In the result, this application will stand allowed. The applicants shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:

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1). The applicants shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for 2 months or till final report is filed, whichever is earlier.

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Bail Appl..No. 6154 of 2018

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2). They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

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3). They shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the

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application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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Dxy

Rajeevan v. State of Kerala

Case brief

What is this about?

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Rajeevan v. State of Kerala

Case brief

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