IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 24TH DAY OF JUNE 2019 / 3RD ASHADHA, 1941
Bail Appl..No.4592 of 2019
AGAINST THE ORDER/JUDGMENT IN CMP 2019/2019 of JUDICIAL
MAGISTRATE OF FIRST CLASS ,NADAPURAM DATED 15-06-2019
CRIME NO.31/2019 OF Nadapuram Excise Range Office ,
Kozhikode
PETITIONER/S:
BALAN
AGED 57 YEARS
S/O.CHATHU, THATTANTEVIDA VETTIL HOUSE,
PURAMERI AMSOM DESOM, VATAKARA TALUK, KOZHIKODE
DISTRICT.
BY ADVS.
SRI.P.VENUGOPAL (1086/92)
SRI.N.RENIL
RESPONDENT/S:
1
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031.
2
EXCISE INSPECTOR,
EXCISE RANGE OFFICE, NADAPURAM, KOZHIKODE
DISTRICT, PIN-673 504.
OTHER PRESENT:
SRI.C.S.HRITHWIK,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Case No. BA 4592/19
-2-
The petitioner is the accused in Crime No.31 of 2019
of Nadapuram Excise Range registered for the offence
punishable under Section 55(i) of the Abkari Act on the
allegation that on 13.6.2019 at 11.30 a.m., the petitioner
was found in possession of four litres of Indian made
foreign liquor for the purpose of sale, in contravention of
the provisions of the Abkari Act.
2. The petitioner was arrested from the spot and ever
since, he has been in custody.
3. Heard.
4. The learned Public Prosecutor has no serious
objection in granting bail to the petitioner. It has been
submitted by the learned Public Prosecutor that the
petitioner is not involved in any other offence of similar
nature. Considering the facts and circumstances of the
case, including the fact that the contraband seized is Indian
-3-
made foreign liquor 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 enlarged on bail on condition of the
petitioner executing a bond for Rs.30,000/- (Rupees thirty
thousand only) with two solvent sureties, each for the like
sum to the satisfaction of the Jurisdictional Magistrate and
on further condition that the petitioner shall not get
involved in any other offence of similar nature during the
pendency of this case.
Needless to state that the petitioner shall co-operate
with the investigation.
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B. SUDHEENDRA KUMAR, JUDGE.
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