CRIMINAL PETITION FILED IN KERALA HIGH COURT TO GRANT BAIL TO THE PETITIONER

June 10, 2023by Primelegal Team0

DENNY JOHN VS STATE OF KERALA…. ON 7 JAN 2022

BENCH : HONOURABLE JUSTICE GOPINATH P

BAIL APPL.NO. 7 OF 2022

CRIME.NO.1156/2021

FACTS OF THE CASE –

This is a request for regular bail. The petitioner is accused of violating Sections 8(1) and 8(2) of the Abkari Act and was allegedly in possession of 3 1/2 liters of illicit arrack. The appearing counsel claims that only 500 milliliters of the alleged arrack was found in the possession of the petitioner and the remaining 3 liters were found in a property close to the petitioner’s residence. Public prosecutor also asserts that no serious criminal acts have been reported against the petitioner, who has spent 11 days in custody and has been falsely implicated in the case. The petitioner was in custody starting on December 26, 2021, and further detention is not required for the purpose of the investigation.

JUDGEMENT

Given the facts of the case, the claims made against the petitioner, and the possibility that imprisonment was not necessary for the purpose of the investigation, the petitioner was released on bail with tight conditions.

1. The petitioner must execute a bond for 50,000 rupees with two liable sureties.

2. Until further instructions, the petitioner must attend each Saturday at 11 a.m. before the koratty police station’s investigating officer.

3. The petitioner is not permitted to obstruct the investigation.

4. While on bail, the petitioner must refrain from committing any other crimes.

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written by – Anvitha Rao

Primelegal Team

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