Sabeesh vs State Of Kerala
2022 Latest Caselaw 12102 Ker

Citation : 2022 Latest Caselaw 12102 Ker
Judgement Date : 22 December, 2022

Kerala High Court

Sabeesh vs State Of Kerala on 22 December, 2022

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944


                    BAIL APPL. NO. 9963 OF 2022
APPLICANT/ACCUSED:

           SABEESH
           AGED 37 YEARS
           S/O VIMALA, KANNATTUPADATH HOUSE
           KATTATHURUTH, VADAKKEKKARA VILLAGE, NORTH
           PARAVUR TALUK, ERNAKULAM, PIN - 683522

           BY ADVS.
           PRASUN.S
           N.A.RETHEESH


RESPONDENTS/STATE & COMPLAINANT:

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

    2      SUB-INSPECTOR OF POLICE
           VADAKKEKKARA POLICE STATION
           MOOTHAKUNNAM. P.O., ERNAKULAM , PIN - 683516


           BY ADV.M.C.ASHI, PUBLIC PROSECUTOR


        THIS     BAIL   APPLICATION     HAVING    COME   UP   FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 BAIL APPLN. No.9963 OF 2022
                                    2


                         VIJU ABRAHAM, J.
             ===========================
                   Bail Appl. No.9963 of 2022
            ============================
            Dated this the 22nd day of December, 2022

                               ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime

No.0973/2021 of Vadakkekkara Police Station in Ernakulam

District alleging commission of offence punishable under

Section 55(a) of the Kerala Abkari Act.

3. The prosecution allegation is that on 12.10.2021 at

about 6 p.m., police party allegedly acting upon a secret

information, had reached near the property of Sri.Babu,

Kannathara House, Kattathuruth Kara and they were allegedly

led into the said plot by a lady named Indira who was waiting

for them at road side and she had allegedly pointed out a sack

in the said plot which upon inspection was found to be

containing 31 bottles having capacity of 500 ml each containing

Indian Made Foreign Liquor. The said contraband was allegedly

seized from the aforesaid property, thereby the petitioner

committed the above said offence.

BAIL APPLN. No.9963 OF 2022

4. The petitioner submits that he has been falsely

implicated in the above said crime. Even according to the

prosecution, nothing was recovered from the petitioner's

property. The petitioner is not the owner of the property from

where the alleged contraband was seized. Prima facie, it shows

that the petitioner has not committed the offence as alleged. It

is further submitted that the petitioner has no other criminal

antecedents.

5. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

6. Considering the facts and circumstances of the case

and nature of allegation, I am of the opinion that custodial

interrogation of the petitioner may not be required for the

purpose of investigation of the case and only a limited custody

be granted to the same, I am inclined to grant anticipatory bail

to the petitioner.

In the result, this application is allowed. Petitioner shall

surrender before the investigating officer in Crime No.0973/2021

of Vadakkekkara Police Station in Ernakulam District on

29.12.2022 at 11 a.m. and shall make himself available for

interrogation on that day or any other day/days as directed by BAIL APPLN. No.9963 OF 2022

the Investigating Officer. The petitioner shall co-operate with

the investigation. It is directed that in the event of arrest of the

petitioner in Crime No.0973/2021 of Vadakkekkara Police

Station, the petitioner shall be produced before the Jurisdictional

Court on the very same day and he shall be released on bail

subject to the following 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.0973/2021

of Vadakkekkara Police Station, on every

Saturday at 11 a.m. until filing of the final

report;

               (iii)    The 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 BAIL APPLN. No.9963 OF 2022

witness in Crime No.0973/2021 of

Vadakkekkara Police Station;