Kerala High Court
Krishna Naik vs State Of Kerala on 16 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
BAIL APPL. NO. 3062 OF 2024
CRIME NO.13/2024 OF Bediduka Excise Range Office, Kasargod
AGAINST THE ORDER/JUDGMENT DATED 21.03.2024 IN CRMC NO.308 OF
2024 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS
TRIBUNAL, KASARAGOD
PETITIONER/ACCUSED:
KRISHNA NAIK,
AGED 54 YEARS
S/O AITHAPPA NAIK, THANKATHADKAM HOUSE,
KARIVEDAKAM VILLAGE, KASARGOD, PIN - 671 541
BY ADV LAVARAJ M.G.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
2 EXCISE INSPECTOR
BADIADKA EXCISE RANGE,
KASARGOD, PIN - 685 554
PP; PRASANTH M P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.3062 of 2024 2
P.V.KUNHIKRISHNAN, J
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B.A. No. 3062 of 2024
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Dated this the 16th day of April, 2024
ORDER
This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.)
2. The petitioner is an accused in Crime No.13/2024 of Bediadka Police Station. The above case is registered against the petitioner alleging commission of offence punishable under Section 58 of the Kerala Abkari Act I of 1077.
3. The prosecution case is that the accused was found in possession of 6.48 litres of Indian made foreign liquor on 01.02.2024 and thereby committed the offence alleged.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submits that it is a false case foisted against the petitioner. Two other cases B.A. No.3062 of 2024 3 registered against the petitioner are acquitted by the Trial Court. He submits further that the petitioner is ready to abide any condition imposed on him. The learned Public Prosecutor opposed the bail application.
6. After hearing both sides, I think this is not a fit case, in which orders u/s.438 Cr.P.C can be passed. At this stage the counsel for the petitioner submitted that the petitioner will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to produce the petitioner after interrogation before the jurisdictional court and there may be a direction to the jurisdictional court to consider the bail application on the date of production of the petitioner. I think that prayer can be allowed.
Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following directions.
1) The petitioner will surrender before the Investigating Officer within ten days from today.
2) If the petitioner surrender before the Investigating B.A. No.3062 of 2024 4 Officer as directed above, the Investigating Officer is free to interrogate the petitioner and shall produce the petitioner before the jurisdictional court on the date of surrender itself.
3) The petitioner is free to file bail application before the jurisdictional court at the time of producing him before the Magistrate. If such a bail application is filed with advance copy to the prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law and pass appropriate orders in it preferably on the date of filing of the same itself.
4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also.
Sd/-
P.V.KUNHIKRISHNAN JUDGE AP B.A. No.3062 of 2024 5 APPENDIX OF BAIL APPL. 3062/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN CRIME NO. 13.2024 OF EXCISE RANGE OFFICE BDIADKA Annexure A2 THE CERTIFIED COPY OF THE JUDGEMENT DATED 20/10/2023 OF ASSISTANT SESSIONS COURT, KASARGOD Annexure A3 THE CERTIFIED COPY OF THE JUDGEMENT DATED 31/10/2023 OF ASSISTANT SESSIONS COURT KASARGOD Annexure A4 THE ORDER DATED 2/03/2024 OF THE COURT OF SESSIONS, KASARGOD IN CRL.M.C 308/2024 IN CRIME NO. 13/2024 OF BDIADKA EXCISE RANGE