Allowed

Jayaprakash v. the State of Kerala

Kerala HC18 Sept 2019Bail Appl./6438/2019

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by the petitioner, a second accused found in possession of Indian Made Foreign Liquor for sale. The court noted the petitioner was a first-time offender and granted bail.

What did the court decide?

Petitioner enlarged on bail on execution of bond for Rs. 30,000 with two solvent sureties, conditioned to not commit similar offences and cooperate with investigation.

Jayaprakash Vs the State of Kerala — Bail and Remand | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 18TH DAY OF SEPTEMBER 2019 / 27TH BHADRA, 1941

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Bail Appl..No.6438 OF 2019

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AGAINST THE ORDER/JUDGMENT IN CMP 3021/2019 DATED 22-08-2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR

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CRIME NO.53/2019 OF Chengannur Excise Range Office , Alappuzha

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PETITIONER/2ND ACCUSED:

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JAYAPRAKASH AGED 32 YEARS S/O.DIVAKARAN, MUTHALAPPALLY KIZKAKKETHIL, MUTHUKULAM THEKKU MURI, MUTHUKULAM VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT-690 516.

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BY ADV. SRI.K.R.SUNIL

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RESPONDENT/S:

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THE STATE OF KERALA THROUGH THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHENGANNUR, ALAPPUZHA DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031.

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SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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-2-

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Bail Appl..No.6438 OF 2019

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O R D E R

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The petitioner is the second accused in Crime No.53 of 2019 of Chengannur Excise Range registered for the offence punishable under Section 55(i) of the Abkari Act on the allegation that on 30.07.2019 at 9.45 p.m., the petitioner and the other accused were found in possession of 18 liters of Indian Made Foreign Liquor for the purpose of sale, in contravention of the provisions of the Abkari Act.

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The petitioner was arrested from the spot and

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ever since he has been in custody.

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Heard.

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The learned Public Prosecutor has no serious objection in allowing this application.

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It has been submitted by the learned Public Prosecutor that the petitioner has no criminal antecedent. Considering the facts and circumstances of

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-3-

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Bail Appl..No.6438 OF 2019

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the case, including the fact that the petitioner is a first time offender and also taking into consideration of the fact that the contraband seized was Indian Made Foreign

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Liquor, I am inclined to grant bail to the petitioner.

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In the result, this application stands allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Jurisdictional Magistrate and on further condition that the petitioner shall not get involved in any other offence of similar nature during the pendency of this case. Needless to state that the petitioner shall co-operate with the investigation.

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Sd/B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/18.09.2019

Jayaprakash v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Jayaprakash v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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