Allowed

Anilkumar v. State of Kerala

Kerala HC13 Sept 2021Bail Appl./5992/2021

Case brief

AI extract

What is this about?

The Anna Chandy Bench of the Kerala High Court allowed bail to two accused (No.22 and 23) in a case involving illicit liquor distillation under the Kerala Abkari Act, considering that investigation progressed and they were not highly liable to remain in custody.

What did the court decide?

Released on bail with bond of Rs. 50,000 each and two solvent sureties, along with specific conditions for interrogation and tampering prohibition.

Anilkumar Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶4

MONDAY, THE 13^TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943

¶5

BAIL APPL. NO. 5992 OF 2021

¶6

CRIME NO.93/2021 OF EXCISE RANGE OFFICE, ALATHUR

¶7

PETITIONERS/ACCUSED NO.22 AND 23:

¶8

1 ANILKUMAR AGED 60 YEARS SON OF BALAN, PANIKKASSERY, ENGANDIYUR DESOM, ENGANDIYUR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT THRISSUR, PIN - 680615 2 BIJU T P AGED 48 YEARS SON OF PARAMESWARAN, THAZHISSERY VEEDU, VIYYUR DESOM, VIYYUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT THRISSUR, PIN - 680010 BY ADVS. K.R.PRATHISH S.UNNIKRISHNAN (NELLAD)

¶9

RESPONDENTS/STATE & COMPLAINANT:

¶10

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 SREEJA.V -SR.P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶11

BAIL APPL. NO. 5992 OF 2021

¶12

¶13

ORDER

¶14

Application for regular bail.

¶15

Petitioners are accused Nos.22 and 23 in Crime No.93/2021 of Excise Range Office, Alathur registered for the offences punishable under Sections 55 (a), 55D, 57(a) & 67B of the Kerala Abkari Act.

¶16

The prosecution case in brief is as follows:

¶17

On 27.6.2021 the Excise officials of the Excise Enforcement and Anti Narcotic Special Squad on some secret information conducted search in two buildings bearing No.VI/385 of Wadakkanchery Grama Panchayath and House No.X1/534 of Kavassery Grama Panchayath, and seized 1312 litres of spirit and 560 litres of sugar laces concealed for distillation of illicit liquor. It was revealed that the same was transported by the accused and stored in the buildings in contravention of the provisions of the Abkari Act and the accused Nos.1 to 7 were apprehended from the spot and thus the case has been registered.

¶18

These petitioners are in custody since 24.07.2021.

¶19

The learned Public Prosecutor has submitted that

¶20

BAIL APPL. NO. 5992 OF 2021

¶21

¶22

accused Nos.1 to 9 have already been released on bail by this Court and now the investigation of the case has progressed considerably.

¶23

It is revealed from the records that accused No.22 is

¶24

only an employee of the Company but accused No.23 is the partner of the Company. Though the offences alleged against them are grave and serious and huge quantity of the contraband is involved, now the records would reveal that the investigation of the case has progressed considerably. Materials are not available on record so as to convince this Court that further detention of these petitioners are highly inevitable in this case. Therefore, I think that these petitioners can also be released on bail subject to the following conditions:

¶25

(i) The petitioners shall be released on bail on their executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

¶26

(ii) They shall appear before Investigating Officer for interrogation as and when required by him, in writing.

¶27

¶28

BAIL APPL. NO. 5992 OF 2021

¶29

(iii) They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

¶30

(iv) They shall not commit any offence while on bail.

¶31

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

JUDGE

mpm

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jithoos Vs State of Kerala

Ahmed Kabeer Vs State of Kerala

Maharoof Vs State of Kerala

Ashokan Vs State of Kerala

Nazim N., Vs State of Kerala

T.J.Yohannan, Vs the State of Kerala