Allowed

Seenapparai.a v. State of Kerala

Kerala HC18 Jan 2022Bail Appl./63/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by an accused in a case under Section 58 of the Kerala Abkari Act, directing release on bond with strict conditions regarding surrender and witness interference.

What did the court decide?

Petitioner released on bail upon execution of bond for Rs.50,000 with two solvent sureties, subject to strict conditions of periodic appearance and non-interference with investigation.

Seenapparai.a Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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TUESDAY, THE 18TH DAY OF JANUARY 2022 / 28TH POUSHA, 1943
BAIL APPL. NO. 63 OF 2022

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PETITIONER/ACCUSED:

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SEENAPPARAI.A
AGED 49 YEARS
ORAKKUDAL HOUSE, ANGADIMUGAR DESOM,
BADOOR VILLAGE, MANJESWARAM TALUK
KASARAGOD DISTRICT
KASARGOD, PIN - 671121
BY ADVS.
I.V.PRAMOD
SAIRA SOURAJ P.
SREEMUKUND R.

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RESPONDENT/S:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR

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SRI. M.C. ASHI (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 63 OF 2022 2

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ORDER

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This is an application for regular bail.

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Petitioner is the accused in Crime No.228/2021

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of Excise Range Office, Kumbala, Kasargod district, alleging commission of offence under Section 58 of the Kerala Abkari Act.

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Allegation against the petitioner is that he was found in possession of 10.8 litres of Indian Made Foreign Liquor meant for sale in the State of Karnataka. The liquor was found from the tailoring shop run by the petitioner.

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Ms. Saira Souraj P., the learned counsel appearing

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for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the liquor was found from a place which can be described as a ‘public place’ and was not found from the possession of the petitioner. It is submitted that the liquor was found from a place where many persons have access and there is nothing to link the petitioner with the same. Finally, it is submitted that at any rate, considering the nature of the allegations against the petitioner, his continued detention is not necessary for the purpose of investigation into the matter.

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BAIL APPL. NO. 63 OF 2022 3

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I have heard the learned Public Prosecutor also.

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Learned Public Prosecutor submits that the liquor was seized from the tailoring shop of the petitioner and that the contention of the learned counsel for the petitioner that the recovery is not from a place connected with him is not correct. It is submitted that the quantity of the liquor recovered from the petitioner shows that it was meant for sale.

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Having regard to the facts and circumstances of the case and taking into account the fact that the petitioner has been in custody from 27.12.2021 and also considering the fact that his continued detention is not necessary for the purpose of investigation, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

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(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

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(ii) Petitioner shall appear before the investigating

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BAIL APPL. NO. 63 OF 2022 4

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officer in Crime No.28/2021 of Excise Range Office, Kumbala,on every Saturday at 11 am until filing of the final report;

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(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.28/2021 of Excise Range Office, Kumbala,;

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(iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No..28/2021 of Excise Range Office, Kumbala, may file an application before the jurisdictional court, for cancellation of bail.

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 SD/-

GOPINATH P.

JUDGE

ajt

BAIL APPL. NO. 63 OF 2022 5

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APPENDIX OF BAIL APPL. 63/2022

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PETITIONER ANNEXURES
Annexure1A CERTIFIED COPY OF THE ORDER IN C.M.P.
NO.1896/2021 OF JFCM-I, KASARAGOD DATED
30/12/2021 IN CRIME NO.228/2021 OF KUMBALA
EXCISE RANGE, KASARAGOD DISTRICT

Seenapparai.a v. State of Kerala

Case brief

What is this about?

What did the court decide?

Seenapparai.a v. State of Kerala

Case brief

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