Allowed

Asokan v. State of Kerala

Kerala HC17 Sept 2021Bail Appl./6135/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to two accused persons charged under the Kerala Abkari Act for illicit arrack distillation. The court considered the nature of offences, custody period, and investigation status.

What did the court decide?

Bail allowed upon execution of bond of Rs. 50,000 with two solvent sureties, appearing for interrogation, and complying with standard bail conditions.

Asokan Vs State of Kerala — Bail and Remand | 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 MRS. JUSTICE SHIRCY V.

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FRIDAY, THE 17^TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943

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BAIL APPL. NO. 6135 OF 2021

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AGAINST THE ORDER IN CRMP 1366/2021 OF JUDICIAL MAGISTRATE OF

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FIRST CLASS, ALATHUR, PALAKKAD

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CRIME NO. 105 OF 2021 OF EXCISE RANGE, ALATHUR IN

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PALAKKAD DISTRICT

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PETITIONER/ACCUSED 1 & 2:

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1 ASOKAN, AGED 46 YEARS S/O. PRABHAKARAN NAIR, CHIRAYATHAZ VEETTIL,

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KORENCHIRA, KIZHAKKANCHERRY, ALATHUR, PALAKKAD.

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2 RATHEESH, AGED 40 YEARS

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S/O. PRABHAKARAN NAIR, CHIRAYATHTHAZ VEETTIL, KORENCHIRA, KIZHAKKANCHERRY, ALATHUR, PALAKAKD.

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA

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

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SR. PP SRI.MANU P.G.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.6135/2021

ORDER

Dated this the 17^th day of September, 2021

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The petitioners are accused Nos. 1 and 2 in Crime No. 105 of 2021 of Excise Range, Alathur registered for the offences punishable under Sections 8(1)(2) and 55(g) of the Kerala Abkari Act.

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The petitioners are in custody since 03.08.2021.

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The prosecution allegation is that on 03.08.2021 at

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about 6 p.m. the petitioners were found in possession of 30 litres

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of illicit arrack and 120 litres of wash and utensils stored in the house of the 1^st accused for the purpose of distillation in contravention of the provisions of the Kerala Abkari Act.

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The submission made by the learned counsel for the petitioners is that they are totally innocent of the allegations levelled against them and they are undergoing incarceration right from 03.08.2021.

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B.A.6135/2021

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The learned Public Prosecutor submitted that the investigation is almost complete and also that the petitioners have no criminal antecedents.

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Having regard to the nature of the allegations raised against the petitioners, the period of detention undergone by them in judicial custody and the present stage of investigation, I am inclined to release them on bail.

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Therefore, this application is allowed subject to the following conditions:

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(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand 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.

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(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with

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B.A.6135/2021

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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 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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Asokan v. State of Kerala

Case brief

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What did the court decide?

Asokan v. State of Kerala

Case brief

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What did the court decide?

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