Kerala High Court
Bail Appl./9427/2019 of BALAKRISHNA PILLAI Vs STATE OF KERALA on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9427 OF 2019 AGAINST THE ORDER/JUDGMENT IN CMP 820/2019 DATED 19-12-2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS , SASTHAMCOTTA CRIME NO.173/2019 OF
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
Bail Appl..No.9427 OF 2019
AGAINST THE ORDER/JUDGMENT IN CMP 820/2019 DATED 19-12-2019OF JUDICIAL MAGISTRATE OF FIRST CLASS , SASTHAMCOTTA
CRIME NO.173/2019 OF Sasthamcotta Excise Range Office ,Kollam PETITIONER/ACCUSED:
BALAKRISHNA PILLAIAGED 63 YEARSS/O. NARAYANA PILLAI, NEDIYATH KIZHAKKATHIL, VENGA MURI, MYNAGAPPALLY VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT 690 519.
BY ADVS.SRI.K.SIJUSMT.S.REKHA KUMARISMT.S.SEETHASMT.ANJANA KANNATH
RESPONDENTS/STATE:
1STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
2EXCISE INSPECTOR,SASTHAMCOTTA EXCISE RANGE, KOLLAM - 690 519.
SMT.SREEJA.V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 31st day of December 2019
The petitioner is the sole accused inCrime No.173/2019 of Sasthamcotta Excise Range, Kollam, for having allegedly committed offencepunishable under Section 55(i) of Kerala AbkariAct.
2. The prosecution case is that on19.12.2019 at about 8.30 AM, the accused was apprehended by the Excise officers and wasfound to be in possession of 1.125 Ltrs ofIndian made Foreign liquor. The petitioner hadapplied for bail before the JurisdictionalMagistrate, and the same was rejected as perAnnexure-I order dated 19.12.2019, he iscontinuing in judicial custody.
3. The learned senior Public Prosecutor
submits that, the petitioner had one antecedent
3
that he was acquitted in that case. There areno other cases pending against the petitioner.
Considering the quantity of the liquorinvolved and the fact that there are no othercases pending against the petitioner, he isreleased on bail on execution of bond forRs.50,000/- (Rupees fifty thousand only) withtwo solvent sureties each to the like amount to the satisfaction of the Jurisdictional Magistrate and on condition that he shallappear before the Investigating Officer as andwhen called for.
SPK
Sd/-
ASHOK MENON
JUDGE