Premlal K v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 1[ST] DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 ``` ## **`BAIL APPL. NO. 6097 OF 2024`** ``` CRIME NO.96/2024 OF CHANGANACHERRY EXCISE RANGE OFFICE, ``` ``` KOTTAYAM ``` ## **`PETITIONER/ACCUSED:`** ``` PREMLAL K AGED 53 YEARS S/O GOPIDAS, CHAKRAYATHIL VEEDU, CHAKARYATHIKUNNU KARA THRIKODITHANAM VILLAGE, KOTTAYAM DISTRICT-, PIN - 686105 ``` ``` BY ADV. CHRISTINE MATHEW ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV. SMT. NEEMA T. V. - SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2 ``` ``` BAIL APPL. NO.6097 OF 2024 ``` **C.S.DIAS, J.** **-------------------------------------------------------Bail Application No. 6097 of 2024 ------------------------------------------------------Dated this the 1[st] day of August, 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.96/2024 of the Changanassery Excise Range Office, Kottayam, which is registered against him for allegedly committing the offence punishable under Section 55(i) of the Kerala Abkari Act, 1 of 1077. The petitioner was arrested and remanded to judicial custody on 15.07.2024. 2. The essence of the prosecution case is that: the accused was found in conscious possession of 2 liters of Indian made foreign liquor, which was meant for sale. The accused was arrested on the spot with the ``` 3 ``` ## **`BAIL APPL. NO.6097 OF 2024`** contraband article. Thus, the accused has committed the above offence. 3. Heard; Sri. Christine Mathew, the learned counsel appearing for the petitioner and Smt. Neema T. V., the learned Senior Public Prosecutor. 4. The learned counsel appearing for the petitioner submitted that, 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 15.07.2024, the investigation in the case is practically complete and recovery has been effected. Moreover, the petitioner does not have any criminal antecedents. Hence, the petitioner may be released on bail. 5. The learned Public Prosecutor opposed the application. She submitted that the investigation is in progress. She also stated that if the petitioner is ``` 4 ``` ``` BAIL APPL. NO.6097 OF 2024 ``` released on bail, he would commit a similar offence. Hence, the application may be dismissed. 6. On an anxious consideration of the facts, the rival submissions made across the Bar and the materials placed on record, especially on considering the fact that the petitioner has been in judicial custody since 15.07.2024, that the contraband involved in the case is of a small quantity, that the petitioner does not have criminal antecedents, that the investigation in the case is practically complete and recovery has been effected, I am of the view that the petitioner’s further detention is unnecessary. Hence, the petitioner is entitled to be released on bail. 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 ``` 5 ``` ## **`BAIL APPL. NO.6097 OF 2024`** 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 filed, 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 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; ``` 6 ``` ## **`BAIL APPL. NO.6097 OF 2024`** - iv. The petitioner shall surrender his passport, if any, before the Trial Court at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the Trial Court 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 filed and entertained before the Trial Court; - 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 ``` 7 ``` ``` BAIL APPL. NO.6097 OF 2024 ``` 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/C.S. DIAS JUDGE** BR ``` 8 ``` ## **`BAIL APPL. NO.6097 OF 2024`** ## **`APPENDIX OF BAIL APPL. 6097/2024`** ``` PETITIONER’S ANNEXURES Annexure 1TRUE COPY OF THE CRIME AND OCCURRENCE REPORT DATED 15.07.2024 IN CRIME NO. 96/2024 OF EXCISE RANGE OFFICE , CHANGANASSERY ``` ``` RESPONDENT’S ANNEXURES: NIL ```