Allowed

Ankith a, v. Excise Inspector

Kerala HC9 Sept 2021Bail Appl./6083/2021

Case brief

AI extract

What is this about?

Single accused charged with transporting banned liquor under the Kerala Abkari Act. High Court allowed bail, noting no criminal antecedents, but imposed strict conditions including surety bond, appearance intervals, and prohibition of tampering.

What did the court decide?

Petitioner released on bail with bond of Rs. 1,00,000 and two sureties, on conditions of periodic appearance and non-tampering.

Ankith a, Vs Excise Inspector — Narcotics (NDPS) | Kerala HC (2021)

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BAIL APPL. NO. 6083 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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THURSDAY, THE 9^TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943

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BAIL APPL. NO. 6083 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CMP 2696/2021 OF JUDICIAL MAGISTRATE

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OF FIRST CLASS -I,HOSDRUG, KASARGOD

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(CRIME NO.153 OF 2021 OF HOSDURG EXCISE RANGE, KASARAGOD)

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PETITIONER/ACCUSED

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ANKITH A, AGED 24 YEARS S?O. RAMACHANDRA, HARSHITHA NILAYAM, VEERA NAGAR, ADKA DESOM, KUBANNUR VILLAGE, MANJESHWAR TALUK, KASARAGOD671 323

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BY ADV ANN SUSAN GEORGE

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RESPONDENTS/COMPLAINANT AND STATE

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1 EXCISE INSPECTOR, HOSDURG EXCISE RANGE, KASARAGOD-671 123.

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2 THE STATE OF KERALA

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

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OTHER PRESENT:

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SRI. MANU.P.G- SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 6083 OF 2021

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ORDER

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

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The petitioner is the sole accused in Crime No.153 of 2021 of Hosdurg Excise Range, Kasaragod registered for the offences punishable under Sections 58 and 67B of the Kerala Abkari Act.

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He has been in custody since 02.08.2021.

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The allegation is that on 01.08.2021 at about 9.00 p.m the petitioner was found in possession and engaged with the transportation of 86.4 litres of Indian Made Foreign Liquor in his Alto car bearing Reg.No.KL 14 M 9789 through the public road, which is meant for sale only in Karnataka State, in contravention of the provisions of the Abkari Act. He was apprehended by the excise officials and thus the case has been registered against him.

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Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

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The learned counsel for the petitioner has raised a plea of false implication and contended that he has never committed any offence as alleged by the prosecution and he is also having no criminal antecedents. He is a young man aged only 24 years and is pursuing his studies. Hence, this application.

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BAIL APPL. NO. 6083 OF 2021

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The learned Public Prosecutor has fairly submitted that this petitioner has no criminal antecedents.

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Having regard to the nature of accusations levelled against this petitioner, the quantity of the contraband involved and especially the

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present stage of investigation, I am inclined to release him on bail subject to the following conditions.

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(i) The petitioner shall be released on bail on his executing 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 petitioner shall appear before the investigating officer on first Saturdays of every months for a period of two months or till filing of the final report.

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(iii) The petitioner 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 petitioner 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.

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Sd/-

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SHIRCY V. JUDGE

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smm

Ankith a, v. Excise Inspector

Case brief

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What did the court decide?

Ankith a, v. Excise Inspector

Case brief

What is this about?

What did the court decide?

What the court decided

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