Kerala High Court
Bail Appl./11191/2023 of RAVEENDRAN PILLAI Vs STATE OF KERALA on 29 December 2023
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 BAIL APPL. NO. 11191 OF 2023 CRIME NO.146/2023 OF Kottarakkara Excise Range Office, Kollam PETITIONER(S)/ACCUSED RAVEENDRAN PILLAI, AGED 60 YEARS ALUVILA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945BAIL APPL. NO. 11191 OF 2023
CRIME NO.146/2023 OF Kottarakkara Excise Range Office, Kollam PETITIONER(S)/ACCUSED
RAVEENDRAN PILLAI, AGED 60 YEARSALUVILA KIZHAKKATHIL IRUMPANGADU P.O., EZHUKONE VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN -691505BY ADVS.ABHILASH S.FRANCISARUN SHIBU F.
RESPONDENT(S)/COMPLAINANT
1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031T.V.NEEMA – Sr.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSIONON 29.12.2023, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
C.PRATHEEP KUMAR, J.
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Bail Application No.11191 of 2023
------------------------------------------ Dated this the 29[th] day of December, 2023
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ORDER
1. This is an application for regular bail filed under Section 439 Cr.P.C bythe sole accused involved in Crime No.146 of 2023 of KottarakkaraExcise Range Office, Kollam. The offences alleged against the petitionerare under Sections 55(i) and 55(h) of the Abkari Act.the sole accused involved in Crime No.146 of 2023 of KottarakkaraExcise Range Office, Kollam. The offences alleged against the petitionerare under Sections 55(i) and 55(h) of the Abkari Act.
2. The Prosecution case is that on 12.12.2023 at 6.15 pm, the petitioner wasarrested with 8 litres of Indian Made Foreign Liquor (IMFL) in front ofAluvila Stores on the south-west of Thamaramchira Sreekrishna SwamyTemple. arrested with 8 litres of Indian Made Foreign Liquor (IMFL) in front ofAluvila Stores on the south-west of Thamaramchira Sreekrishna SwamyTemple.
3. According to the learned counsel for the petitioner, this is a false casefoisted against him and also that he isinnocent. According to him, there isno criminal antecedents against the petitioner.foisted against him and also that he isinnocent. According to him, there isno criminal antecedents against the petitioner.
4. On the other hand, the learned Public Prosecutor opposed the application.It is admitted that there is no criminal antecedents against the petitioner.It is admitted that there is no criminal antecedents against the petitioner.
5. The allegation against the petitioner is that he was found in possession of 8 litres of IMFL on 12.12.2023. The petitioner is in custody since12.12.2023. There is no criminal antecedents against him.
6. Considering the entire fact that the petitioner is in custody since 12.12.2023 and there is no criminal antecedents against him, I am inclined to allow this application, subject to the following conditions :-
(i) The petitioner is released on bail on executing bond forRs.50,000/- (fifty thousand only) with two solvent suretiesfor the like sum to the satisfaction of the Court below.
(ii) The petitioner shall report before the InvestigatingOfficer on every Tuesday between 10.00 am and 11.00 amtill the final report is filed or till the end of January, 2024,whichever is earlier.
(iii) The petitioner shall co-operate with the investigation. Heshall not intimidate or influence the witnesses or tamper withthe evidence.
(iv) The petitioner shall not involve himself in similaroffence while on bail.
Sd/-
C.Pratheep Kumar
Judge
APPENDIX OF BAIL APPL. 11191/2023
PETITIONER ANNEXURESAnnexure-A1
TRUE COPY OF THE CRIME AND OCCURRENCE REPORT REGISTERED IN THE EXCISE RANGE OFFICE, KOTTARAKKARA DATE 12.12.2023