Nisamudeen v. State of Kerala

1 Bail Application No. 533 of 2024 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 29[TH] DAY OF JANUARY 2024 / 9TH MAGHA, 1945 BAIL APPL. NO. 533 OF 2024 ``` ``` CRIME NO.6/2024 OF Chadayamangalam Excise Range Office, ``` ``` Kollam ``` ## **`PETITIONER/S:`** ``` NISAMUDEEN AGED 43 YEARS S/O BADARUDEEN, THENGUMPANAYIL, CHUNDA, ITTIVA VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT, PIN - 691533 BY ADVS. K.V.ANIL KUMAR SWAPNA VIJAYAN RADHIKA S.ANIL ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SMT.SEETHA.S, SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Bail Application No. 533 of 2024 ## **C.S.DIAS,J** ## **======================** **Bail Application No. 533 of 2024 ----------------------------------Dated this the 29[th] day of January, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in crime No.6/2024 of the Chadayamangalam Excise Range Office, Kollam, registered against him, for allegedly committing the offence punishable under Sec.55(i) of the Kerala Abkari Act. The petitioner was arrested on 17.1.2024. 2. The gist of the prosecution case is that: around 9.20 a.m on 17.1.2024, the accused was found in possession of 1.500 litres of Indian made foreign liquor for the purpose of 3 Bail Application No. 533 of 2024 sale and also Rs.500/- in his possession. Thus, the accused has committed the above offences. 3. Heard; Sri.K.V Anil Kumar, the learned counsel appearing for the petitioner and Smt.Seetha.S, the learned Public Prosecutor appearing for the respondent. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The petitioner has been in judicial custody since 17.1.2024. The investigation in the case is complete and recovery has been effected. The petitioner’s continued detention is unnecessary. Hence, the petitioner may be released on bail. 4 Bail Application No. 533 of 2024 5. The learned Public Prosecutor opposed the application. Nonetheless, she conceded to the fact that the petitioner has been in judicial custody since 17.1.2024, the recovery has been effected and the petitioner has no criminal antecedents. 6. After bestowing my anxious consideration to the materials placed on record, particularly taking note of the fact that the petitioner has been in judicial custody since 17.1.2024, that the petitioner has no criminal antecedents, that the recovery has been effected and investigation in the case is practically complete, I am of the view that petitioner’s continued detention is not necessary. Hence, the petitioner is entitled to be released on bail. 5 Bail Application No. 533 of 2024 In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from 6 Bail Application No. 533 of 2024 disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioner shall not commit any offence while he is on bail; (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. 7 Bail Application No. 533 of 2024 (vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663]. sd/- sks/29.1.2024 **C.S.DIAS, JUDGE** 8 Bail Application No. 533 of 2024 ## **`APPENDIX OF BAIL APPL. 533/2024`** ``` PETITIONER ANNEXURES ``` ``` Annexure-AA TRUE COPY OF THE REMAND REPORT IN CRIME NO. 6/ 2024 OF CHADAYAMANGALAM EXCISE RANGE Annexure-BA COPY OF THE ORDER DATED 18.01.2024 IN C.M.P. NO. 149 / 2024 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTARAKARA ```