Sudarsanan vs State Of Kerala

Kerala High Court

Sudarsanan vs State Of Kerala on 14 May, 2024

               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. 3929 OF 2024
 CRIME NO.47/2024 OF Chadayamangalam Excise Range Office, Kollam
AGAINST THE ORDER/JUDGMENT DATED 02.05.2024 IN CMP NO.1304 OF 2024
OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,KOTTARAKKARA
PETITIONER(S)ACCUSED:

    1       SUDARSANAN
            AGED 51 YEARS
            S/O VISWAMBARAN, VAZHAVILA PUTHEN VEEDU AMBALAKARA
            DESAM VALAKOM VILLAGE, KOLLAM DISTRICT., PIN - 691532
    2       VINOD
            AGED 39 YEARS
            S/O RAJAN, MAMPUZHA MELATHIL VEEDU, AMBALAKKARA DESAM,
            VALAKOM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.,
            PIN - 691532
            BY ADVS.
            SWAPNA VIJAYAN
            K.V.ANIL KUMAR
            RADHIKA S.ANIL


RESPONDENT(S)COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
            KERALA,ERNAKULAM., PIN - 682031
    2       THE EXCISE INSPECTOR
            EXCISE RANGE OFFICE, CHADAYAMANGALAM EXCISE RANGE,
            KOLLAM DISTRICT., PIN - 691534
OTHER PRESENT:

            SR. GP- SANGEETH RAJ


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3929 OF 2024               2




                        MOHAMMED NIAS C.P., J.
                    ---------------------
                           B.A.No. 3929 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 petitioners are the accused in Crime No.47 of 2024 of Chadayamangalam Excise Range Office, for having allegedly committed offences punishable under Section 55(i) & 55(D)of the Abkari Act.

3. The prosecution allegation is that on 01.05.2024 at 19.30 hours, in front of SNDP No.2077 Gurumandiram, situated along the road that leads from Ambalakkara Post Office junction to Poovottu Crusher, Ambalakkara Desom in Valakom Village, the accused was found in possession of 9.500 litres of Indian Made Foreign Liquor for purpose of sale. Sale proceeds of 500/- were also seized from their possession. Thus the accused Nos.1 and 2 have committed the offences punishable under Sections 55 (i) & 55(D) of the Abkari Act.

BAIL APPL. NO. 3929 OF 2024

4. Learned counsel appearing for the petitioners would say that the petitioners are innocent and falsely implicated with ulterior motives. At any rate, he points out that they have been in custody since 2.05.2024, and continued custody of the petitioners is unnecessary.

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

6. After having considered the submissions of the learned counsel for the petitioners and learned Public Prosecutor and considering the allegation against the petitioners, the quantity involved, the fact that they have been in custody since 2.05.2024 and also since there is no apprehension raised by the prosecution that if released on bail the petitioners are likely to abscond, I hold that bail can be granted to the petitioners.

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

(I) The petitioners shall be released on bail on executing separate bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioners shall report before the Investigating Officer as and when directed;

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

(iv) The petitioners shall not be involved in any other crime while on bail;

BAIL APPL. NO. 3929 OF 2024 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 mus BAIL APPL. NO. 3929 OF 2024 APPENDIX OF BAIL APPL. 3929/2024 PETITIONER ANNEXURES Annexure-A THE TRUE COPY OF THE REMAND REPORT DATED 01/05/2024.

Annexure-B A COPY OF THE ORDER DATED 02/05/2024 IN CMP NO.1304/2024.