Kerala High Court
Abdul Basheer Khan vs Excise Inspector on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
BAIL APPL. NO. 2 OF 2023
CRIME NO.204/2022 OF Kumbala Excise Range Office, Kasargod
AGAINST THE ORDER/JUDGMENTCMP 4490/2022 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,KASARAGOD
PETITIONER/ACCUSED:
ABDUL BASHEER KHAN,AGED 54 YEARS
S/O. ABDUL HAMEED KHAN,THERUVATH VEETTIL,
THALANGARA THERUVATH DESOMKASARAGODE VILLAGE,
KASARAGODE TALUK, KASARAGODE, PIN - 671121
BY ADVS.
T.G.RAJENDRAN
T.R.TARIN
RESPONDENTS/COMPLAINANT AND STATE:
1 THE EXCISE INSPECTOR
KUMBLA EXCISE RANGE, KASARAGODE - 671321
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.2 of 2023 2
VIJU ABRAHAM, J.
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B.A. No. 2 of 2023
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Dated this the 11th day of January, 2023
ORDER
This is an application for regular bail.
2. Petitioner is the accused in Crime No.204 of 2022 of Kumbla Excise Range Office, Kasaragod registered alleging commission of offence punishable under Section 58 of the Abkari Act.
3. The prosecution allegation is that on 20.12.2022 at about 3.55 p.m. the accused was found in possession of 34.56 litres of IMFL meant for sale in State of Karnataka, in Karnataka RTC bus bearing registration No.KA-19-F-3438 near to Bangara Majeshwar Excise Check Post. Thus the petitioner has committed the abovesaid offence.
4. Petitioner submits that he has been falsely implicated in the abovesaid crime and that he is in custody from 20.12.2022 onwards.
5. Learned Public Prosecutor opposed the application for bail mainly contending that the petitioner was found in possession of 34.56 litres of IMFL meant for sale in State of Karnataka.
Considering the facts and circumstances of the case and the fact that the petitioner is in custody from 20.12.2022 onwards, I am inclined to grant bail to him on the following conditions: BA No.2 of 2023 3
(i) Petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer in Crime No.204 of 2022 of Kumbla Excise Range Office, Kasaragod on all Saturdays at 11.00 a.m. till the filing of charge sheet.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) He shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.204 of 2022 of Kumbla Excise Range Office, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.
Sd/-
VIJU ABRAHAM JUDGE cks