Rahul Krishna @Prasanth vs State Of Kerala
2022 Latest Caselaw 11649 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                      BAIL APPL. NO. 10055 OF 2022


PETITIONER/ACCUSED:

           RAHUL KRISHNA @PRASANTH
           AGED 35 YEARS
           S/O RADHAKRISHNAPILLAI,THANNIMOOTIL VEEDU,
           NEAR CHEMBOOR GOVERNMENT HOSPITAL,CHEMBOOR P.O
           THIRUVANANTHAPURAM DISTRICT
           PIN - 695125
           BY ADV S.NIKHIL SANKAR


RESPONDENT/COMPLAINANT/STATE:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           PIN - 682031
           BY SMT. SEETHA S. (PP)


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Bail Appln. No. 10055 of 2022    2



                      VIJU ABRAHAM , J.
           ===========================
                Bail Appln. No. 10055 of 2022
          ============================
          Dated this the 20th day of December, 2022


                                ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No. 111/2022

of Amaravila Excise Range, Thiruvananthapuram District alleging

commission of offence punishable under Section 55(i) of Kerala

Abkari Act.

3. The prosecution allegation is that, on 01/12/2022 at

around 19:10 pm, the excise party is alleged to have seized 6

litres of I.M.F.L near godown of Bharath Gas Pump, Chemboor

and thereby the accused has committed the alleged offence.

4. The petitioner submitted that he is totally innocent of the

charges levelled against him.

5. The learned Public Prosecutor opposed the application

for bail mainly contending that petitioner has antecedents of

having involved in two similar cases.

6. Considering the facts and circumstances of the case and

nature of allegation, I am inclined to grant anticipatory bail to the

petitioner, but granting limited custody for the purpose of the

investigation.

In the result, this application is allowed. The Petitioner shall

surrender before the Investigating Officer in Crime No. 111/2022

of Amaravila Excise Range on 29.12.2022 at 11 AM and shall

make himself available for interrogation on that day or any other

day/days as directed by the Investigating Officer. The petitioner

shall co-operate with the investigation. In the event of arrest of

the petitioner in Crime No. 111/2022 of Amaravila Excise Range,

the petitioner shall be produced before the jurisdictional Court on

the very same day and shall be released on bail subject to the

following stringent conditions.

(i) The petitioner shall execute a bond for a sum of

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 appear before the investigating

officer in Crime No. 111/2022 of Amaravila Excise

Range, on every Saturday at 11.00 a.m. until filing of

the final report.

(iii) Petitioner shall report to the Investigating Officer as and

when required for the investigation.

(iv) The petitioner shall not attempt to influence the defacto

complainant or interfere with the investigation or to

influence or intimidate any witness in Crime No.

111/2022 of Amaravila Excise Range;

(v) The petitioner shall not involve in any other crime while

on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No. 111/2022 of Amaravila Excise

Range may file an application before the jurisdictional Court, for

cancellation of bail.

It is made clear that it is within the power of the police

to investigate the matter and if necessary to effect recoveries

on the information if any given by the petitioner even when

the petitioner is on bail as per the judgment of the Apex

Court in Sushila Aggarwal and others v. State (NCT of

Delhi) and another (2020 (1) KHC 663).

Sd/-

VIJU ABRAHAM JUDGE sbk/-