The High Court of Kerala allowed a bail application under Section 439 CrPC. The court noted investigation was practically over and granted bail subject to conditions regarding movement, non-offence, and reporting.
Petitioner released on bail via a bond with two solvent sureties for Rs.30,000 each, subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY,THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940
Bail Appl..No. 331 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMP 174/2019 of J.M.F.C.,
KAYAMKULAM DATED 11-02-2019
CRIME NO. 97/2018 OF NOORANAD EXCISE RANGE OFFICE , ALAPPUZHA
PETITIONER/ACCUSED:
BIJU,
AGED 38 YEARS,
S/O. THANGAPPAN, PALATHUNDIL PADEETTATHIL, THALIRADY MURI, VALIKKUNAM VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.
BY ADVS.SRI.K.B.ARUNKUMAR
SRI.RANJIT BABU
RESPONDENTS/STATE:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN-682031.
2 THE EXCISE INSPECTOR, NOORANAD EXCISE RANGE OFFICE, NOORANAD, ALAPPUZHA DISTRICT. PIN-690 504.
OTHER PRESENT:
SMT KK SHEEBA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 331 of 2019
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O R D E R
under Section 439 of the Code of Criminal Procedure in Crime No.97 of 2018 of Nooranad Excise Range. He has been in judicial custody since 05.01.2019.
Bail Appl..No. 331 of 2019
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possession of excess quantity of liquor beyond permitted limits. If that is the case, it may come only under Section 63 of the Kerala Abkari Act. Anyway, I find on a perusal of the materials, that investigation in this case is practically over, and that the petitioner can be granted bail on appropriate conditions.
In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for Rs.30,000/-(Rupee thirty thousand only) each to the satisfaction of the court below. Bail is granted on condition that;
a. The petitioner shall not enter the limits of the Nooranad Excise Range for two months.
b. The petitioner shall not involve in any offence under the Kerala Abkari Act, till trial of the case is over.
c. The petitioner shall report before the Excise Inspector, Alappuzha Excise Range between 10.00 a.m. and 11.00 a.m. on all Modays for two months.
Bail Appl..No. 331 of 2019
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d. Forward a copy of this order to the Excise Inspector, Alappuzha Excise Range, who will report compliance of the conditions directly to the court below.
Sd/-
P.UBAID
JUDGE
DST
//True copy// P.A. To Judge
2 issues framed by the court
Whether the petitioner is entitled to regular bail under Section 439 CrPC.
Whether the quantum of seized liquor and sale proceeds affects the bail decision.
2 provisions across 2 enactments
BIJU
THE STATE OF KERALA
THE EXCISE INSPECTOR, NOORANAD EXCISE RANGE OFFICE
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
