Allowed

Anilkumar @ Kuttan v. State of Kerala

Kerala HC7 Dec 2021Bail Appl./9190/2021

Case brief

AI extract

What is this about?

Public Prosecutor sought regular bail for Anilkumar @ Kuttan accused of Possession of Protected Liquor under the Kerala Abkari Act. Court inclined to grant bail based on quantity of contraband, period of detention, and stage of investigation. Bail granted subject to conditions.

What did the court decide?

Petitioner released on bail on bond of Rs.50,000 with two solvent sureties and conditions not to tamper with evidence or commit offence.

Anilkumar @ Kuttan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶4

TUESDAY, THE 7^TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA, 1943

¶5

BAIL APPL. NO. 9190 OF 2021

¶6

CRIME NO.140/2020 OF NEELESWARAM EXCISE RANGE OFFICE, Kasargod AGAINST THE ORDER IN CRMP 2851/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - I, KASARAGOD / I ADDITIONAL MACT, KASARAGODE

¶7

PETITIONER/ACCUSED:

¶8

ANILKUMAR @ KUTTAN AGED 34 YEARS S/O NARAYANAN, RESIDING AT PANDARATHIL HOUSE, CHULLI P.O, MALOTH VILLAGE, VELLARIKUNDU TALUK, KASARGOD DISTRICT, PIN-671533. BY ADVS. T.MADHU C.R.SARADAMANI SHAHID AZEEZ

¶9

RESPONDENTS/STATE:

¶10

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

¶11

2 THE EXCISE INSPECTOR, NEELESHWAR EXCISE RANGE OFFICE, KASARGOD DISTRICT-671314. PP SRI. M.C. ASHI

¶12

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.9190/2021

ORDER

Dated this the 7^th day of December, 2021

¶17

Application for regular bail.

¶18

The petitioner is the sole accused in Crime No. 140 of 2020 of Neeleshwar Excise Range registered for the offences punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act.

¶19

The prosecution case is that on 07.11.2020 at about 6 p.m. the petitioner was found in possession of 5 litres of arrack kept for the purpose of sale near to his house at Chulli in Maloth Village in contravention of the provisions of the Kerala Abkari

¶20

Act and thereby committed the aforesaid offences.

¶21

The petitioner has been in custody since 08.11.2021.

¶22

The submission of the learned counsel for the petitioner

¶23

is that he is totally innocent.

¶24

B.A.9190/2021

¶25

¶26

The learned Public Prosecutor submits that the

¶27

investigation of the case is well in progress.

¶28

Considering the quantity of the contraband involved, the period of detention undergone by the petitioner and the present stage of investigation, I am inclined to grant bail to the petitioner.

¶29

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

¶30

(i) The petitioner shall be released on bail on his 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.

¶31

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

¶32

(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

¶33

B.A.9190/2021

¶34

¶35

facts to the court or to any police officer or tamper with the evidence.

¶36

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

¶37

In case of violation of any of the above conditions,

¶38

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

Sd/-

SHIRCY V.

JUDGE

Anilkumar @ Kuttan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anilkumar @ Kuttan 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

Sarath Vs State of Kerala

Rajesh Kumar P.S., Vs State of Kerala

Usman Kunhi P.H Vs State of Kerala

Munaver, Vs the State of Kerala

Visakh Kumar, Vs State of Kerala

Moly Vs State of Kerala