Hariprasad vs State Of Kerala
2021 Latest Caselaw 23761 Ker

Citation : 2021 Latest Caselaw 23761 Ker
Judgement Date : 30 November, 2021

Kerala High Court

Hariprasad vs State Of Kerala on 30 November, 2021

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MRS. JUSTICE SHIRCY V.
    TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                          BAIL APPL. NO. 9020 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRL.MP 2313/2021 OF JUDICIAL MAGISTRATE
                           OF FIRST CLASS , HARIPAD
               CRIME NO.137/2021 OF KAYAMKULAM EXCISE RANGE
PETITIONER:

              HARIPRASAD
              AGED 21 YEARS
              S/O.HARIKUTTAN, THANDASSERITHEKKATHIL, MUTHUKULAM,
              VADAKUMURI, MUTHUKULAM VILLAGE, KATHIKAPPALLY TALUK,
              ALAPPUZHA

              BY ADVS.
              S.RAJEEV
              K.K.DHEERENDRAKRISHNAN
              V.VINAY
              M.S.ANEER
              SARATH K.P.



RESPONDENT/STATE

              STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
              ERNAKULAM -682031

              (CRIME NO.137/2021 OF EXCISE RANGE OFFICER, KAYAMKULAM)


OTHER PRESENT:

              SMT. SREEJA.V- SR.PP




     THIS     BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 9020 OF 2021                 2




                                  ORDER

Application for regular bail filed under Section 439 of the

Code of Criminal Procedure.

2. The petitioner, who is undergoing incarceration in

connection with crime No.137/2021 of Kayankulam Excise Range,

registered for the offence punishable under Section 8(1) & (2) of

the Kerala Abkari Act, has moved this application for his release on

bail under Section 439 of the Code of Criminal Procedure.

2. The prosecution allegation is that on 30.09.2021 at

about 10.00 p.m, the Excise Inspector, Excise Range Office,

Kayamkulam received a secret information that, the petitioner has

kept contraband articles in a cattle shed attached to his residence.

On receipt of this information, the Excise team proceeded to the

spot and the petitioner was found in possession of 14.6 liters of

illicit arrack kept for the purpose of sale and thereby he was

arrested for having committed the aforesaid offences.

3. The petitioner has been in custody since 30/9/2021.

4. The learned counsel for the petitioner submits that he is

a youngster pursuing his studies and making preparations to

participate in a competition as a body builder. Because of the

same, so many persons are on inimical terms with him. Under

their influence, the excise officials have falsely implicated him in

the case. The earlier case was also foisted against him but bail

was granted by this court. Now again, he has been falsely

implicated by the Excise Officials to satisfy his enemies and to

prevent him from participating in the competition.

5. The learned Public Prosecutor submitted that the

investigation of the case is in progress. It is true that in the earlier

bail application i.e in crime No.116/2021, he was granted bail by

this court. He was in jail for several days and thereafter only on 3 rd

September 2021, that application was allowed imposing stringent

conditions. But within a few days this crime has been registered

against this petitioner alleging that contraband was seized from

his compound. Though, it is difficult to believe the allegation at the

first blush, the records would reveal that the investigation of the

case is well in progress and he is in custody since, 30/9/2021.

Therefore, considering the entire facts and circumstances

involved in this case, I think that further detention of this

petitioner in judicial custody may not be required for the

investigating agency to submit the final report after completion of

the investigation. Hence, I am inclined to release him on bail

subject to the following conditions:

(i) The petitioner shall be released on bail on his

executing a bond for a sum of Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties for the like sum

each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the investigating

officer twice in a month ie; on the first and last Mondays

of every month between 11.a.m and 12 noon, for a period

of two months, or till filing of the charge sheet, whichever

is earlier.

(iii) The petitioner shall not directly or indirectly, make

any inducement, threat or promise 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.