Kerala High Court
Rama A vs State Of Kerala on 2 March, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
Bail Appl..No.2118 OF 2021
CRIME NO.26/2021 OF Kumbala Excise Range Office , Kasargod
PETITIONER/S:
RAMA A
AGED 65 YEARS
S/O AITHA, KODDE HOUSE, KARIBAYAL DESOM, MEENJA
VILLAGE, MANJESHWARAM TALUK, KASARAGOD
671322
BY ADV. SRI.V.A.VINOD
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
V SREEJA, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.2118 OF 2021 2
O R D E R
Dated this the 2nd day of March 2021 Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No. 26/2021 of Kumbla Police Station for having allegedly committed an offence punishable under Section 58 of the Kerala Abkari Act.
2. The prosecution case, in brief, is that on 21.02.2021 at about 2 p.m., the applicant was apprehended and was found to be in possession of 13.14 litres of Indian Made Foreign Liquor meant for sale only in the State of Karnataka and thus committed the offence. The applicant was remanded to judicial custody and has been in custody ever since.
3. The applicant states that he is 65 years old suffering from diabetes and other old age diseases. The applicant has no criminal antecedents. He is willing to cooperate with the investigation. Hence, he seeks bail.
4. Heard the learned counsel for the applicant and the learned Public Prosecutor.
5. The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the quantity of the Bail Appl..No.2118 OF 2021 3 liquor involved, the antecedents of the applicant and his age and other infirmities, I find that further incarceration of the applicant may not be essential. Hence, the application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-
(i) He shall appear before the investigating officer as and when called for.
(ii) He shall not tamper with evidence, intimidate or influence the witnesses.
(ii) He shall not get involved in similar offences during the currency of the bail.
In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.
SD/-
ASHOK MENON JUDGE rmm