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2019 Supreme(Online)(KER) 50502

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.

sd

B. SUDHEENDRA KUMAR, JUDGE.

dl/

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