Shibu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 Bail Appl..No. 6492 of 2015 () ------------------------------- CMP 425/2015 of J.M.F.C., SASTHAMCOTTA CRIME NO. 154/2015 OF KARUNAGAPPALLY EXCISE RANGE OFFICE , KOLLAM PETITIONER(ACCUSED):

---------------------------------- SHIBU S/O.RAMACHANDRAN, PUNNUTHEKKATHIL VEEDU AYANIVELIKULANGARA, KARUNAGAPPALLY R/A.MAHARASTRA COLONY, HOUSE NO.1, KOZHIKODUMEKKUMURI AYANIVELIKUNAGARA VILLAGE BY ADVS.SRI.D.AJITHKUMAR SRI.NAVIA SEBASTIAN SRI.D.JEEVAN RESPONDENTS/STATE & COMPLAINANT:

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STATE OF KERALA REPRESNTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682 031 2.

EXCISE INSPECTOR EXCISE RANGE OFFICE KARUNAGAPPALLY BY PUBLIC PROSECUTOR, MS.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.SUDHEENDRA KUMAR, J.

- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - B.A. No.6492 of 2015 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of October 2015

O R D E R

The petitioner is the accused in Crime C.R. No.154 of 2015 of Karunagappally Excise Range registered under Section 55(i) of the Abkari Act.

2. The prosecution allegation is that on 1.10.2015 at 5.30 p.m., the petitioner was found in possession of 750 m.l. of Indian Made Foreign Liquor for the purpose of sale, in contravention of the provisions of the Abkari Act. The petitioner was arrested from the spot and ever since he has been in custody.

BA 6492/2015

3. Heard.

4. The learned Public Prosecutor has no serious objection in allowing this application.

5. The learned Public Prosecutor has submitted that the petitioner is not involved in any other offence. Considering the facts and circumstances of the case, including the quantity of contraband seized and also taking into consideration of the fact that the petitioner is a first time offender, I am inclined to grant bail to the petitioner. In the result, this application stands allowed and the petitioner shall be released on bail on condition of the petitioner executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties, each for the like sum to the satisfaction of the court of the

BA 6492/2015 Judicial Magistrate of First Class, Sasthamcotta and subject to the following conditions:

(i) The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

(ii) The petitioner shall not get involved in any other offence while on bail.

sd/ B.SUDHEENDRA KUMAR, JUDGE dl // True Copy // PA to Judge