SATHEESH K.S. v. STATE OF KERALA

1 Bail Application No. 414 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. 414 OF 2024 ``` ``` CRIME NO.03/2024 OF Bediduka Excise Range Office, Kasargod ``` ## **`PETITIONER/S:`** ``` SATHEESH K.S. AGED 42 YEARS S/O SHANKARA (L), HARISHANKARA NILAYA, KORAKKANA DESOM, UKKINADKKA POST, UBRANGALA VILLAGE, KASARAGOD TALUK, KASARAGOD, PIN - 671551 BY ADV S.JIJI ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, 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. 414 of 2024 ## **C.S.DIAS,J** ## **======================** **Bail Application No. 414 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.3/2024 of the Badiaduka Excise Range Office, Kasargod, registered against him, for allegedly committing the offence punishable under Sec.58 of the Kerala Abkari Act 1 of 1077. The petitioner was arrested on 7.1.2024. 2. The gist of the prosecution case is that: around 11.a.m on 7.1.2024, the accused was found in possession of 2.5 litres of illicit liquor. The contraband was seized from 3 Bail Application No. 414 of 2024 the petitioner at the spot. Thus, the accused has committed the above offences. 3. Heard; Sri.Jiji.S, 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 7.1.2024, which is nearly 22 days. 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. 414 of 2024 5. The learned Public Prosecutor opposed the application. She contended that the petitioner is a person with criminal antecedents. There are two crimes registered against the petitioner as Crime Nos.91/2018 and 47/2023 for committing similar offences. Nonetheless, she conceded to the fact that the petitioner has been in judicial custody since 7.1.2024, the investigation in the case is practically complete and the recovery has been effected. 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 7.1.2024, which is nearly 22 days, that investigation in the case is practically complete and the recovery has been effected, notwithstanding the rigour under Sec.41A of the 5 Bail Application No. 414 of 2024 Abkari Act, I am of the view that petitioner’s continued detention is not necessary. 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 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; 6 Bail Application No. 414 of 2024 (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 bail, if any filed, and pass orders on the same, in accordance with law. 7 Bail Application No. 414 of 2024 (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/29.1.2024 **C.S.DIAS, JUDGE** 8 Bail Application No. 414 of 2024 ## **`APPENDIX OF BAIL APPL. 414/2024`** ``` PETITIONER ANNEXURES ``` ``` Annexure A-1CERTIFIED COPY OF THE ORDER DATED 10-01- 2024 IN C. M. P. NO. 48/2024 OF JUDICIAL I CLASS MAGISTRATE COURT-I, KASARAGOD ```