Kuttappan vs State Of Kerala

Kerala High Court

Kuttappan vs State Of Kerala on 14 May, 2024

B.A.2641/24                         1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                       BAIL APPL. NO. 2641 OF 2024
     CRIME NO.43/2019 OF Sasthamcottah Excise Range Office, Kollam
AGAINST THE ORDER/JUDGMENT DATED 22.03.2024 IN SC NO.1673 OF 2019
OF     ASSISTANT    SESSIONS    COURT/SUB    COURT/COMMERCIAL     COURT,
KARUNAGAPPALLY
PETITIONER/S:

              KUTTAPPAN,
              AGED 69 YEARS
              S/O CHATHAN,MANIKANDA BHAVANAM, PADINJATTAM KIZHAKKE
              MURI, SOORANADU SOUTH VILLAGE, KUNNATHUR TALUK, KOLLAM
              DISTRICT, PIN - 690522

              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

              SR. PUBLIC PROSECUTOR SRI. SANGEETH NAIR N.P.

       THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.2641/24                                           2



                                  MOHAMMED NIAS C.P., J
                        ...........................................................
                                      B.A. No.2641 of 2024
                          .............................................................


                          Dated this the 14th day of May, 2024


                                               ORDER

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

2. The petitioner is the accused in Crime No.43/2019 of Sasthamcotta Excise Range Office, Kollam District, for having allegedly committed offences punishable under Section 55(i) of the Abkari Act.

3. The prosecution allegation is that on 06.04.2019 at 7.45 pm, the accused was found engaged in the illicit retail sale of Indian Made Foreign Liquor and thereby committed the offence. The accused was arrested on the same day, enlarged on bail, and the investigation was later completed. Upon filing the final report before the Judicial First Class Magistrate's Court, Sasthamcotta, the case was taken on file as CP 34/2019 and committed to Sessions Court and later made over to the Assistant Sessions Court, Karunagappally as SC 1673/2019. Though summons were issued for appearance, he remained absent. Accordingly, coercive steps were taken and notice was issued to the sureties who did not turn up and MC 32/2023 was registered against B.A.2641/24 3 them. Thereafter, NBW was issued with a returnable date as 02.03.2024 and on that date the accused was arrested and produced, and he was remanded to judicial custody since then.

4. The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 02.03.2024, and continued custody of the petitioner is unnecessary.

5. The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

6. After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the allegation against the petitioner, the quantity involved, the fact that he has been in custody since 02.03.2024, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on 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 jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when directed; B.A.2641/24 4

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on bail; If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.

Sd/-

MOHAMMED NIAS C.P. JUDGE okb/ B.A.2641/24 5 APPENDIX OF BAIL APPL. 2641/2024 PETITIONER ANNEXURES Annexure-A A COPY OF THE ORDER DATED 22.03.2024 IN CRL.M.P. NO. 160 / 2024 OF THE ASSISTANT SESSIONS COURT, KARUNAGAPPALLY