Allowed

Rajilal v. State of Kerala

Kerala HC16 Oct 2019Bail Appl./7376/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail petition filed by Rajilal, accused of manufacturing arrack. Considering his medical condition and the seizure of contraband, the court released him on bail subject to attendance conditions and surety bonds.

What did the court decide?

Accused released on bail upon executing a bond for Rs.50,000 with two sureties each for Rs.50,000, subject to conditions of attendance and non-interference.

Rajilal Vs 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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941

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Bail Appl..No.7376 OF 2019

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CRIME NO.124/2019 OF KARUNAGAPPALLY EXCISE RANGE OFFICE, KOLLAM

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PETITIONER/ACCUSED:

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RAJILAL, AGED 32 YEARS S/O. RAGHAVAN, KONNAKKODATHU VEEDU, CHERIYAZHEEKKAL MURI, ALAPPADU VILLAGE, KARUNAGAPALLY

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BY ADVS. SMT.V.J.RUBY SMT.V.K.REEBA

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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OTHER PRESENT:

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SRI. B.JAYASURYA SR. PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.7376 OF 2019

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ORDER

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

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The applicant herein is the accused in Crime No. 124 of 2019 of the Karunagappally Excise Range, registered under Sections 8(i) & (2) of the Abkari Act.

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Based on a source information, a search was conducted in the house of the applicant on 04.10.2019 during the late hours and it is alleged that about 35 litres of arrack was found concealed therein by the Excise officers. He was arrested and the contraband was seized.

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It is submitted by the learned counsel appearing for the applicant that the applicant was not in actual physical possession of the contraband. The entire family comprising of his brother and mother are also residing in the same house and it is on the basis of suspicion that he was roped in. According to the learned counsel, the applicant suffers from epileptic seizures and reliance is placed on Annexure-A3 medical records to substantiate the said contention.

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Heard the learned Public Prosecutor, who opposed the prayer. I have considered the submissions advanced.

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Though huge quantity of arrack was seized, Annexure-A3 shows that the applicant is a sick man. Furthermore, the contraband

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Bail Appl..No.7376 OF 2019

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articles have already been seized and the investigation appears to have proceeded to the final stages. No other crimes are reported against the applicant. Having considered the nature and gravity of the allegations, the period of detention undergone and the stage of investigation, I am of the view that the applicant can now be released on bail.

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In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.50,000/(Rupees Fifty thousand only) 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 applicant shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.

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

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3). He 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 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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Bka/16.10.2019

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Bail Appl..No.7376 OF 2019

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Rajilal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajilal v. State of Kerala

Case brief

What is this about?

What did the court decide?

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