Allowed

Anilkumar v. State of Kerala

Kerala HC19 Jan 2022Bail Appl./75/2022

Case brief

AI extract

What is this about?

This bail application for anticipatory bail in a Section 58 Abkari Act case was allowed. The High Court of Kerala granted bail subject to conditions including execution of a bond with two sureties, appearance when summoned, non-interference with investigation, and non-commission of other crimes.

What did the court decide?

Petitioner released on anticipatory bail subject to conditions including execution of bond with sureties, appearance when summoned, and non-interference with investigation.

Anilkumar Vs State of Kerala — Kerala HC (2022) — LawSathi Research

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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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WEDNESDAY, THE 19^TH DAY OF JANUARY 2022 / 29TH POUSHA, 1943

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BAIL APPL. NO. 75 OF 2022

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CRIME NO.82/2020 OF KUMBALA EXCISE RANGE, KUMBALA, KASARAGODE

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PETITIONER/ACCUSED:

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ANILKUMAR AGED 30 YEARS BOLANGALA HOUSE, LALBAGH, PAIVALIKE, MANJESWAR, KASARGOD KASARGOD, PIN - 671348

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BY ADV R.KRISHNAKUMAR (CHERTHALA)

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RESPONDENT/STATE & COMPLAINANT:

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

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2 EXCISE INSPECTOR EXCISE INSPECTOR, KUMBALA EXCISE RANGE, KUMBALA, KASARGOD KASARGOD, PIN - 671321 BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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ADV NOUSHAD K.A (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.75/2022

ORDER

This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.82/2020 of Kumbla Excise Range Office, Kasaragod District alleging commission of offences under Section 58 of the Abkari Act.

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The allegation against the petitioner is that on 14.8.2020, the petitioner was found selling liquor (meant for sale only in Karnataka) which was packed in 88 tetra packs having a total quantity of 15.84 litres.

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The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that though the petitioner was alleged to have been found in possession of quantity of liquor mentioned above, his arrest was not recorded by the Excise Officials. It is submitted that now, after nearly 1 ½ years of the incident, the Excise Officials are trying to arrest the petitioner. It is submitted that the petitioner has no criminal antecedents and the custody of the petitioner is not required for the purposes of any investigation.

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I have heard the learned Public Prosecutor also.

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The learned Public Prosecutor submits that the petitioner was

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not arrested on 14.8.2020 only on account of the Covid-19 situation. It is submitted that the petitioner cannot take advantage of the same to contend that he shall be granted anticipatory bail.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner and also

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B.A.No.75/2022

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considering the fact that there are no criminal antecedents reported against the petitioner, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No. 82/2020 of Kumbla Excise Range Office subject to the following conditions:-

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(i) 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 officer in Crime No. 82/2020 of Kumbla Excise Range Office as and when summoned to do so;

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(iii) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.82/2020 of Kumbla Excise Range Office ;

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(iv) 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. 82/2020 of Kumbla Excise Range Office may file an application before the jurisdictional Court for cancellation of bail.

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Sd/-

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GOPINATH P. JUDGE

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acd

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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