Allowed

Sivan v. State of Kerala

Kerala HC15 Sept 2021Bail Appl./6000/2021

Case brief

AI extract

What is this about?

A single judge of the Kerala High Court allowed regular bail petitions filed by two accused persons alleged to have manufactured illicit liquor. The court held custody unnecessary for investigation and granted bail subject to standard conditions, noting one accused had criminal antecedents while the other did not.

What did the court decide?

Petitioners released on bail on execution of bond for Rs. 1,00,000 with two solvent sureties, subject to conditions of appearing for interrogation and not interfering with witnesses.

Sivan Vs State of Kerala — Arbitration | Kerala HC (2021)

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B.A.Nos.6000 and 5972 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 15^TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943

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BAIL APPL. NO. 6000 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CMP 3291/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM, ALAPPUZHA

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(CRIME NO.89 OF 2021 OF EXCISE RANGE OFFICE MAVELIKKARA, ALAPPUZHA) PETITIONER/ACCUSED NO.1

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SIVAN

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AGED 52 YEARS S/O MADAHAVAN, EDAYILE VAKKATHIL VEEDU, ELIPPAKKULAM P.O.ALAPPUZHA DISTRICT, PIN-690 537.

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BY ADV M.G.SREEJITH

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RESPONDENT/COMPLAINANT

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682 031.

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2 THE EXCISE INSPECTOR

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EXCISE RANGE OFFICE, MAVELIKARA, ALAPPUZHA DISTRICT, PIN-690 101.

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OTHER PRESENT:

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SMT. SREEJA.V -SR.P.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.09.2021, ALONG WITH Bail Appl..5972/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.Nos.6000 and 5972 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 15^TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943

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BAIL APPL. NO. 5972 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CMP 3293/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM, ALAPPUZHA

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(CRIME NO.89 OF 2021 OF EXCISE RANGE OFFICE MAVELIKKARA, ALAPPUZHA)

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PETITIONER/ACCUSED NO.2

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MANUKUMAR @ MANIKUTTAN AGED 40 YEARS S/O. SADASIVAN, CHATHAVANATHU VEEDU, KATTACHIRA MURI, BHARANIKAVU VILLAGE, PALLIKKAL P.O., ALAPPUZHA DISTRICT, PIN-690 537.

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BY ADV M.G.SREEJITH

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RESPONDENT/COMPLAINANT

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682 031.

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2 THE EXCISE INSPECTOR EXCISE RANGE OFFICE, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN-690 101. BY PUBLIC PROSECUTOR, SMT. SREEJA V

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.09.2021, ALONG WITH Bail Appl..6000/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.Nos.6000 and 5972 of 2021

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ORDER

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[Bail Appl. Nos.6000/2021, 5972/2021]

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Applications for regular bail filed under Section 439 of the Code of Criminal Procedure.

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B.A.No.6000 of 2021 has been filed by the first accused in Crime No.89 of 2021 of Excise Range Office, Mavelikkara registered for the offences punishable under Sections 55(a), 55(D) and 58 of the Kerala Abkari Act, 1077. B.A.No.5972 of 2021 has been filed by the second accused in the very same crime.

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The petitioners are under arrest since 18.07.2021.

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The prosecution allegation is that on 18.07.2021 at about 6.30

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p.m the excise officials on getting reliable information conducted search

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in the house of the first accused and found 1120 litres of spirit and 332 litres of coloured spirit kept concealed in a room of his residential house for the purpose of making illicit liquor in contravention of the provisions

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of the Abkari Act and thereby committed the aforesaid offences.

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Heard the learned counsel for the petitioners as well the learned

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B.A.Nos.6000 and 5972 of 2021

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Public Prosecutor.

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The learned counsel for the petitioners have submitted that both the petitioners are totally innocent of the allegations levelled against them. In fact the excise officials were entertaining enmity towards the second accused. As he had lodged a complaint against them for having implicating him falsely in a case, these petitioners and the other accused have been booked by the excise officials in this case, only to wreak vengeance upon them.

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The learned Public Prosecutor has fairly submitted that though the third and fourth accused had not been arrested, the investigation of the case has progressed considerably. It is also pointed out by the learned Public Prosecutor that the second accused is involved in seven other cases, but the first accused has no criminal antecedents.

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Having regard to the nature of accusations levelled against these petitioners, the present stage of investigation and the other facts and circumstances involved in this case, I find that further detention in judicial custody of these petitioners is not necessary for the investigating agency to complete the investigation and to submit the final report. Hence, these petitions are allowed subject to the following conditions.

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(i) The petitioners shall be released on bail on each of them executing

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B.A.Nos.6000 and 5972 of 2021

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bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

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(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

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(iii) The petitioners 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.

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

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In case of violation of any of the above conditions, the

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learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

smm

JUDGE

Sivan v. State of Kerala

Case brief

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Sivan v. State of Kerala

Case brief

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