Allowed

Manoj Augustine v. State of Kerala

Kerala HC4 Aug 2021Bail Appl./5216/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to an accused accused of making illicit arrack under Section 55(g) of the Abkari Act. The court ordered surrender within ten days and release on bail upon arrest pending investigation.

What did the court decide?

Petitioner at liberty to surrender within ten days; on arrest, to be released on bail executing bond of Rs.50,000 with two sureties.

Manoj Augustine Vs State of Kerala — Cheque Dishonour | Kerala HC (2021)

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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 K.HARIPAL WEDNESDAY, THE 4^TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943 BAIL APPL. NO. 5216 OF 2021

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CRIME NO.66/2021 OF SREEKANDAPURAM EXCISE RANGE, KANNUR

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DISTRICT

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PETITIONER/ACCUSED:

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MANOJ AUGUSTINE AGED 42 YEARS, S/O. AUGUSTINE, VETTU PARAYIL HOUSE, KUNNATHUR, PAISAKKARI P. O., PAYYAVOOR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT - 670633.

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BY ADVS. V.A.SATHEESH V.T.MADHAVANUNNI

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY ADV.SMT.SREEJA V.,SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL.NO.5216 OF 2021

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O R D E R

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The sole accused in crime No.66/2021 of

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Sreekandapuram Excise range is before Court seeking anticipatory bail under Section 438 of the Cr.P.C.

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The prosecution case is that on 09.06.2021

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at 5.30 p.m., he was found engaged in making illicit arrack; 61 litres of wash and other paraphernalia

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for making arrack were found. Seeing the Excise party he ran away from the place.

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I heard the counsel on both sides.

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The learned counsel for the petitioner

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submits that he is partially paralysed, that he has

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no criminal antecedents. The latter submission has

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been endorsed by the learned Public Prosecutor also.

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The contraband has already been seized from

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the backyard of the house of the petitioner. In the

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nature of the allegations, his custodial interrogation is not necessary. Offence under Section 55(g) of the Abkari Act does not prescribe

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-3-

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BAIL APPL.NO.5216 OF 2021

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any statutory minimum substantive sentence so that the

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embargo under Section 41A of the Abakari Act is not attracted.

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Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for interrogation; in the event of arrest, he shall

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be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two

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solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with

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the evidence and shall not involve in any crime during the period on bail.

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This bail application is allowed as above.

Sd/-

K.HARIPAL

JUDGE

nkr/04.08.2021

Manoj Augustine v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manoj Augustine v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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