Kerala High Court
Rameshan K vs State Of Kerala on 3 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
BAIL APPL. NO. 3378 OF 2024
CRIME NO.135/2024 OF RAJAPURAM POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.2032 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/ACCUSED:
RAMESHAN K,
AGED 36 YEARS
SON OF KESAVAN NAIK,
RESIDING AT MACHIPALLY HOUSE,
BALANTHODE, PANATHADY VILLAGE,
KASARAGOD DISTRICT, PIN - 671532
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
AISWARYA JAYAPAL
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
BY ADV.
SRI. SANAL P. RAJ - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3378 OF 2024
2
P. G. AJITHKUMAR, J.
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B.A.No. 3378 of 2024
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Dated this the 3rd day of May, 2024
ORDER
This is an application for bail filed under Section 439 of the
Code of Criminal Procedure, 1973.
2. The petitioner is the accused in Crime No. 135 of 2024 of
Rajapuram Police Station. He allegedly had committed the offences
punishable under Section 58 of Kerala Abkari Act.
3. Heard the learned counsel for the petitioner and the learned
Public Prosecutor.
4. The prosecution allegation is that at about 9.15 pm on
07.04.2024 the petitioner was found transporting 92 tetra packets
of Indian made foreign liquor which was intended to be sold in the
State of Karnataka near Panathur bridge in Panathady Village. The
total quantity of the contra band possessed by the petitioner is
34.56 liters and he transported the same in a vehicle bearing
Registration No. KL 60 F 3481.
5. The petitioner would contend that He did not involve in the
alleged crime and without any material or evidence, he has been
implicated in the crime. He is innocent. The investigation in the
BAIL APPL. NO. 3378 OF 2024
matter has been progressed considerably and there is no reason or
justification for his further detention.
6. The learned Public Prosecutor would submit that
considering the seriousness of the offence and the possibility of
interfering with the investigation by the petitioner in the event of
his release on bail, this petition deserves only to be dismissed.
7. The petitioner has been in custody since 07.04.2024.
Having heard the learned counsel appearing for the petitioner and
the learned Public Prosecutor, and considering the nature of the
offence, I am of the view that bar under Section 41A of the Abkari
Act does not stand in the way of granting bail to the petitioner, and
further detention of the petitioner is unnecessary. I am therefore of
the view that the petitioner is entitled to be released on bail.
In the result, the bail application is allowed and the petitioner
is granted bail on his/her executing a bond for Rs.50,000/- (Rupees
fifty thousand only), with two solvent sureties for the like amount
each, to the satisfaction of the learned Magistrate, subject to the
following conditions:
(i) He shall not influence or intimidate witnesses or
tamper with evidence;
BAIL APPL. NO. 3378 OF 2024
(ii) He shall appear before the investigating officer on
every wednesday between 3 pm and 4 pm until
ordered otherwise by the trial court; and
(iii) During the bail period, He shall not get involved
in any offence.
In case of breach of the bail conditions, the prosecution shall
be at liberty to apply for cancellation of the bail before the
jurisdictional court.
Sd/-
P.G. AJITHKUMAR, JUDGE
MSA
