This judgment grants regular bail to the applicant, accused of possessing and selling Indian-made foreign liquor under Section 55(i) of the Kerala Abkari Act, considering his age, the quantity involved, and the pandemic situation.
Directed to be released on bail on execution of a bond for Rs. 50,000 with two solvent sureties, 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 ASHOK MENON
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942 Bail Appl..No.1148 OF 2021
CRIME NO.11/2021 OF NOORANADU EXCISE RANGE OFFICE , ALAPPUZHA
PETITIONER/ACCUSED:
CHELLAPPAN, AGED 69 YEARS, S/O THEVAN, SHEEJA BHAVANAM, THALIRADI MURI, VALLIKKUNNAM VILLAGE, MAVELIKKARA, PIN : 690501 BY ADV. SRI.M.R.SASITH
RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031
OTHER PRESENT:
SRI.M.R.DHANIL - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1148 OF 2021
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ORDER
Dated this the 08th day of March, 2021
APPLICATION FOR REGULAR BAIL
The applicant is the sole accused in Crime No.11 of 2021 of Nooranadu Excise Range, for having allegedly committed an offence punishable under Section 55(i) of the Kerala Abkari Act. The prosecution case, in brief, is this:
B.A.No.1148 OF 2021
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and the learned Public Prosecutor. The applicant submits that he is involved in another crime of similar nature. However, considering the quantity of the liquor involved and the age of the applicant and the present pandemic situation and the fact at the applicant has been in custody for 46 days, there is no necessity for further detention of the applicant.
(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
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In case of breach of any of the bail conditions, the
prosecution shall be at liberty to apply for cancellation of the bail
before the jurisdictional court.
The bail application is allowed.
Sd/ASHOK MENON JUDGE
NR/08/03/2021
1 issue framed by the court
Whether the applicant is entitled to regular bail in a proceeding for an offence under Section 55(i) of the Kerala Abkari Act.
1 provisions across 1 enactments
Chellappan
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
