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High CourtsSingle Bench(2022) 06 KL CK 0242

Apputta @ Sanjaykumar vs State Of Kerala

High Court Of Kerala · Decided on 21 June 2022

HON’BLE JUDGES
Viju Abraham, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 4597 Of 2022

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Judgment

12 paragraphs · 323 words

Viju Abraham, J

1.

This is an application for Regular Bail.

2.

The petitioner is the accused in Crime No.92/2022 of Kasaragod Excise Range, Kasaragod alleging commission of offences punishable under Sections 58, 55(i) and 67 B of the Abkari Act.

3.

The prosecution case is that, on 26.05.2022 at 7.00AM the accused was found in possession of 3.24 liters of IMFL meant for sale only in Karnataka in his scooter bearing Registration No. KL-14-G-4098 along Nellikkunnu Kadappuram Road situated in Kasaragod village and thereby committed the offences as alleged by the prosecution.

4.

The learned counsel for the petitioner submitted that the petitioner is arrested on 26.05.2022 and he is in custody since then. It is submitted that the petitioner is falsely implicated in the above crime.

5.

The learned Public Prosecutor, upon instruction, submitted that, petitioner is involved in offences of similar nature earlier also.

6.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 26.05.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

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

(ii) Petitioner shall appear before the investigating officer in Crime No.92/2022 of Kasaragod Excise Range, Kasaragod, on every Saturday at 11 am until filing of Charge Sheet;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or any witness in Crime No. 92/2022 of Kasaragod Excise Range, Kasaragod;

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

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.92/2022 of Kasaragod Excise Range, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.