MANU K SATHYAN v STATE OF KERALA

## _`IN THE HIGH COURT OF KERALA AT ERNAKULAM`_ ## _`PRESENT`_ ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN ``` ``` FRIDAY, THE 24[TH] DAY OF MARCH 2023 / 3RD CHAITHRA, 1945 ``` ## _`BAIL APPL. NO. 1979 OF 2023`_ ## _`PETITIONER/S:`_ ``` MANU K SATHYAN AGED 34 YEARS KODUSSERY HOUSE OLH COLONY, CHERAI PO, PIN - 683514 BY ADVS. M.K.FAISAL M.A.ANZAR K.G.PREETHY ``` ## _`RESPONDENT/S:`_ ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR ``` ## _`OTHER PRESENT:`_ ``` P G MANU SRPP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A. No. 1979 of 2023 ``` ``` ..2.. ``` ## **O R D E R** ## **Dated this the 24[th] day of March, 2023** This is an application for regular bail filed by the 1[st] accused in Crime No. 83 of 2023 of Munambam police station, Ernakulam. 2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the report of the Investigating Officer highlighting seven antecedents and relevant materials form part of the case diary, made available by the learned Public Prosecutor. 3. The prosecution allegation is that at about 2.30 pm on 29.01.2023 the accused herein was found in possession of twenty-three bottles of Honeybee brandy (liquor) while he was transporting the same in a car bearing Registration No. KL 42U 7955. Accordingly, he was nabbed and the contraband was seized. Pursuant to recovery and arrest, crime alleging commission of offences punishable under Sections 13, 55(i), ``` B.A. No. 1979 of 2023 ``` **==> picture [31 x 7] intentionally omitted <==** and 55(d) of the Kerala Abkari Act and Section 34 of the IPC was registered and is on investigation. 4. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and has been in custody since 31.01.2023 and the investigation has achieved much progress. The learned counsel also conceded the criminal antecedents of the petitioner and submitted that those are minor offences. 5. While opposing the bail, the learned Public Prosecutor would submit that this is the eighth crime registered against the petitioner and he has seven criminal antecedents and out of which two are for the offences punishable under Section 452 among other offences and one is punishable under Section 27 (b) of the NDPS Act. It is submitted that in view of the above fact, the petitioner cannot be released on bail, if so, he would commit further crime. 6. The following are the crimes reported in Munambam ``` B.A. No. 1979 of 2023 ``` **==> picture [31 x 7] intentionally omitted <==** ## **:-** police station in relation to the petitioner . _`1. Crime No.959/14 punishable under Sections 143, 147, 148, 323, 324, 452, 149 of IPC`_ _`2. Crime No. 960/14 punishable under Sections 143, 147, 148, 324, 452, 427, 149 IPC.`_ _`3. Crime No. 515/15 punishable under Section 15 c of Abkari Act.`_ _`4. Crime No. 278/20 punishable under Section 279 IPC, KEDO.`_ _`5. Crime No. 916/20 punishable under Section 27(b) of NDPS Act.`_ _`6. Crime No. 694/2022 punishable under Section 279 of IPC.`_ _`7. Crime No. 851/22 punishable under Sections 341, 323, 324, 294(b) and 506 IPC.`_ ``` B.A. No. 1979 of 2023 ``` ``` ..5.. ``` 7. On perusal of the available materials along with the report of the Investigating Officer, the prosecution allegation herein is well made out prima facie. It is seen that the investigation has achieved much progress and custody of the petitioner for the purpose of the investigation is required further. However, his involvement in eight crimes is a matter of serious concern and the same is an aggregating factor when considering his plea for bail. However, taking note of the custody of the petitioner from 31.01.2023 and the progress of the investigation, he can be enlarged on bail imposing stringent conditions and one among the conditions is that the petitioner shall not involve or indulge in any other crime during the currency of bail hereby granted and any such event, if reported, or came to the notice of this court, the same by itself shall be a reason to cancel the bail hereby granted. Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:- ``` B.A. No. 1979 of 2023 ``` ``` ..6.. ``` - i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned. - ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. - iii. The petitioner shall appear before the Investigating Officer as and when directed, - apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of one month. - iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to - any person acquainted with the facts of this ``` B.A. No. 1979 of 2023 ``` **==> picture [31 x 7] intentionally omitted <==** case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported, or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted. ## **Sd/-** **A. BADHARUDEEN JUDGE** RMV ``` B.A. No. 1979 of 2023 ``` ``` ..8.. ``` ## _`APPENDIX OF BAIL APPL. 1979/2023`_ |_`PETITIONER ANNEXURES`_|| |---|---| |_`Annexure1`_|_`TRUE COPY OF THE REMAND REPORT DATED 30-1-2023 IN`_| ||_`CRIME NO; 83/2023 OF MUNAMBAM POLICE STATION`_| |_`Annexure2`_|_`COPY OF THE ORDER DATED 28-2-2023 IN CRL MC: 558`_| ||_`/2023 OF SESSIONS COURT ERNAKULAM.`_| |_`Annexure3`_|_`TRUE COPY OF THE ORDER IN CRL. MC 411/2023 OF`_| ||_`SESSIONS COURT, ERNAKULAM.`_| ## _`RESPONDENTS' EXHIBITS:NIL`_ ## _`TRUE COPY`_ ``` P.A.TO JUDGE ```