High Court of KeralaSingle JudgeBail granted

Rajesh v. State of Kerala

Case / Petition Number:Bail Application No. 29 of 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C.S. Dias
Judgment Date
2024-01-24
Court Decision / Holding
The application is allowed. The petitioner Rajesh is directed to be released on bail on executing a bond for Rs.50,000 with two solvent sureties of like amount. He must appear before the Investigating Officer on Saturdays for two months or until final report is filed, shall not induce or tamper with witnesses, shall not commit any offence while on bail, and shall surrender his passport (or file an affidavit if none). Violations may lead to cancellation of bail; modifications of conditions may be entertained by the court. The investigating officer may proceed with recoveries if necessary, even while on bail, in accordance with law and relevant Supreme Court guidance (Sushila Aggarwal).
Final Disposition
Bail granted

Parties to the Case

Appellants / Petitioners

  • Rajesh

Respondents

  • State of Kerala, represented by Public Prosecutor, High Court of Kerala, Ernakulam District

Legal Representation & Advocates

Counsels for Petitioners

  • • S. Nikhil Sankar

Counsels for Respondents

  • • Sri. C.S Hrithwik, Senior Public Prosecutor

Case Synopsis & Summary

This is a bail application under Section 439 CrPC, 1973, by Rajesh, the sole accused in crime No.152/2023 of the Vamanapuram Excise Range Office, Thiruvananthapuram, for offences under Sections 8(1), 8(2) and 55(g) of the Kerala Abkari Act, 1 of 1077. Arrested on 21.12.2023, the accused was found in possession of 5 litres of arrack, 350 litres of wash and distilling utensils on 20.12.2023. The prosecution contends that the accused committed the offences; the case is investigated and the recovery has been effected. The petitioner claims total innocence and alleges false implication; he has been in jail since 21.12.2023. The learned counsel for the petitioner argues that investigation is complete, there is no risk of interference or tampering, and the detention is unnecessarily harsh, especially given the lack of any direct evidence tying the petitioner beyond suspicion. The Public Prosecutor opposes bail, citing prior criminal antecedents in three similar offences in 2020-2022, though he concedes the investigation is practically complete. The Court, after careful consideration, notes that Section 41A is a procedural safeguard but that bail may be warranted where there are reasonable grounds to believe non-culpability. Relying on such principles and the recovery already effected, the Judge grants bail on a Rs.50,000 bond with two sureties, subject to standard conditions including weekly IO appearances and no tampering, with warnings about cancellation on violation, and reference to Sushila Aggarwal v. State (NCT of Delhi) and another for recoveries on bail.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Kerala Abkari Act, 1 of 1077: sections 8(1), 8(2), 55(g)Section 41A of the Abkari Act

Legal Doctrines & Maxims

  • Prima facie consideration in bail matters
  • Recovery and investigation can proceed on bail as per higher court decisions (Sushila Aggarwal v. State (NCT of Delhi) and another)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that he is innocent and has been falsely implicated. In custody since 21.12.2023, the investigation is practically complete and recovery has been effected. He argues that detention is unnecessary and amounts to undue hardship. He requests bail with standard conditions, asserting no risk of tampering or flight, and willingness to cooperate with the investigation; he notes the absence of direct evidence of culpability beyond suspicion and stresses his usual social and economic ties that weigh against flight or interference with witnesses.

Contentions of Respondents

The Public Prosecutor opposes bail, highlighting the petitioner’s criminal antecedents in three prior offences of the same nature during 2020–2022. He concedes that detention since 21.12.2023 is ongoing and that investigation is practically complete, but argues that the nature of the offences under the Abkari Act warrants cautious approach to bail to prevent recurrence and to protect public interest. He stresses the need for stringent conditions if bail is granted and notes the legal possibility of bail with safeguards when appropriate.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Sushila Aggarwal v. State (NCT of Delhi) and another2020 (1) KHC 663PositiveCited to justify that investigations and recoveries can proceed even while a defendant is on bail and to guide the court’s use of bail conditions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

1 Bail Application No. 29 of 2024 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 BAIL APPL. NO. 29 OF 2024 ``` ``` CRIME NO.152/2023 OF Vamanapuram Excise Range Office, ``` ``` Thiruvananthapuram ``` ## **`PETITIONER/S:`** ``` RAJESH, AGED 43 YEARS S/O GOPALA KRISHNAN,ROADARIKATHU VEEDU, MALAMUKAL, MOONANNAKUZHI P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695568 ``` ``` BY ADV S.NIKHIL SANKAR ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, HIGH COURT OF KERALA P.O, ERNAKULAM DISTRICT, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI.C.S HRITHWIK, SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Bail Application No. 29 of 2024 ## **C.S.DIAS,J** ## **======================** ## **Bail Application No. 29 of 2024** **----------------------------------Dated this the 24[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.152/2023 of the Vamanapuram Excise Range Office, Thiruvananthapuram, registered against him, for allegedly committing the offences punishable under Secs.8(1), 8(2) and 55(g) of the Kerala Abkari Act 1 of 1077. The petitioner was arrested on 21.12.2023. 2. The gist of the prosecution case is that: around 9.30 p.m on 20.12.2023, the accused was found in possession of 5 litres of arrack, 350 litres of wash and some utensils for 3 Bail Application No. 29 of 2024 distilling arrack. Thus, the accused has committed the above offences. 3. Heard; Sri.Nikhil Sankar.S, the learned counsel appearing for the petitioner and Sri.C.S Hrithwik, 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 21.12.2023. 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. 29 of 2024 5. The learned Public Prosecutor opposed the application. He contended that the petitioner is a person who has criminal antecedents since he is involved in three crimes for committing offences of the same nature in the years 2020, 2021 and 2022. Nonetheless, he conceded to the fact that the petitioner has been in judicial custody since 21.12.2023 and the investigation in the case is practically complete. 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 21.12.2023, the recovery has been effected and investigation in the case is practically complete, and notwithstanding the rigour under Sec.41A of the Abkari 5 Bail Application No. 29 of 2024 Act, I am of the view that petitioner’s continued detention is not necessary, since I am prima facie satisfied that there are reasonable grounds to hold that the petitioner has not committed the above offences. Hence, I am inclined to release the petitioner 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 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, 6 Bail Application No. 29 of 2024 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; (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 7 Bail Application No. 29 of 2024 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. (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/24.1.2024 **C.S.DIAS, JUDGE** 8 Bail Application No. 29 of 2024 ## **`APPENDIX OF BAIL APPL. 29/2024`** ``` PETITIONER ANNEXURES Annexure 1TRUE COPY OF THE ORDER IN C.M.P NO:10562/2023 OF J.F.C.M-II,NEDUMANGAD DATED 20/12/2023 Annexure 2TRUE COPY OF THE QUALITATIVE/QUANTITATIVE REPORT OF PETITIONER'S WIFE BY CONSULTANT DOCTOR,MEDICAL COLLEGE HOSPITAL DATED 27/12/2017 ```