Rahul Krishna @ Prasanth vs State Of Kerala
2022 Latest Caselaw 5244 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
      FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
                      BAIL APPL. NO. 3578 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 399/2022 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS -I,NEYYATINKARA
PETITIONER/ACCUSED:

            RAHUL KRISHNA @ PRASANTH
            AGED 35 YEARS
            S/O. RADHAKRISHNAPILLAI, THANIMOODUVEEDU, NEAR
            CHEMBOORU GOVT HOSPITAL, CHEMBOORU DESOM, KEEZHAROOR
            VILLAGE, KATTAKADA TALUK, PIN - 695572

            BY ADV R.GOPAN



RESPONDENT/STATE:

            STATE OF KERALA, REPRESENTED BY THE PUBLIC
            PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
            KOCHI - 682 031.

            SRI T.R.RENJITH - SR P.P




     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
13.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3578 OF 2022
                                   2



                         A.BADHARUDEEN,J.
                      -------------------
               BAIL APPL. NO. 3578 OF 2022
              ---------------------------
         Dated this the 13th day of May, 2022

                               O R D E R

Regular bail plea at the option of the sole

accused in Crime No.41/2022 of Amaravila Excise

Range is the crux of this petition filed under

Section 439 of the Cr.P.C.

2. Heard the learned counsel for the

petitioner as well as the learned Public

Prosecutor.

3. The prosecution case runs on the

premise that the petitioner herein possessed

3.6 liter of Indian made foreign liquor against

the prohibitions contained in the Kerala Abkari

Act, on 23.04.2022 at about 12.45 P.M. and he

was arrested read handedly and in consequence BAIL APPL. NO. 3578 OF 2022

there was Crime registered alleging commission

of offence under Section 55(i) of the Kerala

Abkari Act.

4. The learned counsel for the petitioner

submitted that the petitioner is innocent and

the entire allegations are false. He also

submitted that the petitioner has no criminal

antecedents and his further custody for the

purpose of the investigation is not necessary.

5. The learned Public Prosecutor though

opposed bail, he also submitted that the

petitioner has no criminal antecedents.

6. On scrutiny of the available materials,

it could be gathered that the investigation

requiring the presence of the petitioner is

practically over in this case, where the

contraband comes to 3.6 litre of Indian made

foreign liquor. Therefore, he can be enlarged

on bail on conditions:

i. The petitioner shall be released on bail BAIL APPL. NO. 3578 OF 2022

on their executing bond for Rs.30,000/-

(Rupees Thirty Thousand Only) with two

solvent sureties, each for the like

amount to the satisfaction of the

Magistrate Court concerned.

ii. The petitioner shall co-operate with

COVID-19 restrictions.

iii. The petitioner shall not intimidate the

witnesses or tamper with evidence. They

shall co-operate with the investigation

and shall be available for trial.

iv. The petitioner shall appear before the

Investigating Officer as and when

directed.

v. The petitioner shall not, directly or

indirectly, make any inducement, threat

or promise to any person acquainted with

the facts of this case, so as to

dissuade him from disclosing such facts BAIL APPL. NO. 3578 OF 2022

to the court or to any police officer.

vi. The petitioner shall not involve in

any other offence during the currency

of bail and any such event, if reported

to came to the notice of this court, the

same shall be a reason to cancel the

bail hereby granted.

Sd/-

A. BADHARUDEEN JUDGE SAS BAIL APPL. NO. 3578 OF 2022

APPENDIX OF BAIL APPL. 3578/2022

PETITIONER ANNEXURES

Annexure-1 TRUE COPY OF ORDER DATED 30.4.2022 IN CRL.M.P. NO. 399/2022 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEYYATTINKARA