Kerala High Court
Bail Appl./11334/2023 of PAULSON 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. 11334 OF 2023 CRIME NO.133/2023 OF CHALAKUDY Excise Range Office, Thrissur AGAINST THE ORDER IN CRL.MP 7039/2023 OF JUDICIAL MAGISTRATE OF
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, 1945
BAIL APPL. NO. 11334 OF 2023
CRIME NO.133/2023 OF CHALAKUDY Excise Range Office, ThrissurAGAINST THE ORDER IN CRL.MP 7039/2023 OF JUDICIAL MAGISTRATE OFFIRST CLASS - I, CHALAKUDY
PETITIONER/ACCUSED:
PAULSON, AGED 62 YEARSS/O.ANTHONY, ACHADAN HOUSE, PILLAPPARA DESOM, ATHIRAPPILLY VILLAGE, CHALAKUDY TALUK,THRISSUR DISTRICT, PIN – 680724.
BY ADV N.L.BITTO
RESPONDENT/STATE/COMPLAINANT:
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031
SRI.NOUSHAD K.A., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON29.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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C.PRATHEEP KUMAR, J.
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Bail Application No.11334 of 2023
------------------------------------------ Dated this the 29[th] day of December, 2023
ORDER
1. This is an application for regular bail filed under Section 439 Cr.P.C by thesole accused involved in Crime No.133 of 2023 of the Chalakudy ExciseRange, Thrissur District. The offences alleged against the petitioner are underSections 55(i), 13 and 63 of the Abkari Act.sole accused involved in Crime No.133 of 2023 of the Chalakudy ExciseRange, Thrissur District. The offences alleged against the petitioner are underSections 55(i), 13 and 63 of the Abkari Act.
2. The Prosecution case is that on 14.12.2023 at about 8.10 p.m., the petitionerwas found in possession of 18 litres of Indian Made Foreign Liquor near thebeverages Corporation, Chalakudy and was arrested by the de factocomplainant. The accused has been in custody since 14.12.2023.was found in possession of 18 litres of Indian Made Foreign Liquor near thebeverages Corporation, Chalakudy and was arrested by the de factocomplainant. The accused has been in custody since 14.12.2023.
3. According to the learned counsel for the petitioner, this is a false case foistedagainst him and also that he isinnocent.against him and also that he isinnocent.
4. On the other hand, the learned Public Prosecutor opposed the application.However it was conceded that there is no other case against the petitioner.However it was conceded that there is no other case against the petitioner.
5. Considering the fact that the petitioner is in custody since 14.12.2023 and there is no criminal antecedents against the petitioner, I am inclined to allow thisapplication, subject to the following conditions :-
(i) The petitioner is released on bail on executing bond forRs.50,000/- (fifty thousand only) with two solvent sureties for thelike sum to the satisfaction of the Court below.
(ii) The petitioner shall report before the Investigating Officer onevery Tuesday between 10.00 am and 11.00 am till the finalreport is filed or till the end of January, 2024, whichever isearlier.
(iii) The petitioner shall co-operate with the investigation. Heshall not intimidate or influence the witnesses or tamper with theevidence.
(iv) The petitioner shall not involve himself in similar offencewhile on bail.
Sd/- C.Pratheep Kumar Judge
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APPENDIX OF BAIL APPL. 11334/2023
PETITIONER ANNEXURES
ANNEXURE 1
A TRUE COPY OF THE OCCURRENCE REPORT IN CRIMENO. 133 OF 2023 OF THE CHALAKUDY EXCISE RANGEDATED 15/12/2023
ANNEXURE 2
A TRUE COPY OF THE ORDER IN CRL.MP.7039 OF 2023 OF THE JFCM CHALAKUDY DATED 16/12/2023
ANNEXURE 3
A TRUE COPY OF THE BAIL OBJECTION REPORT IN CRIME NO. 133 OF 2023 OF THE CHALAKUDY EXCISERANGE DATED 16/12/2023
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