Kerala High Court
Krishna Naik vs State Of Kerala on 17 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 17TH DAY OF MAY 2024 / 27TH VAISAKHA, 1946
BAIL APPL. NO. 3745 OF 2024
CRIME NO.13/2024 OF BEDIDUKA EXCISE RANGE OFFICE, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED 20.10.2023 IN SC NO.78 OF
2020 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,
KASARAGOD
PETITIONER/ACCUSED:
KRISHNA NAIK
AGED 54 YEARS
S/O AITHAPPA NAIK, THANKATHADKAM HOUSE,
KARIVEDAKAM VILLAGE,
KASARGOD, PIN - 685554
BY ADV LAVARAJ M.G.
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
ERNAKULAM., PIN - 682031
2 EXCISE INSPECTOR
BADIADKA EXCISE RANGE,
KASARGOD, PIN - 685554
SRI M C ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.3745/2024
..2..
MOHAMMED NIAS C.P., J.
---------------------
B.A.No. 3745 of 2024
---------------------------
Dated this the 17th day of May, 2024
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure
seeking regular bail.
2. The petitioner is the accused in Crime No.13/2024 of Bediduka Excise
Range Office, Kasargod, for having allegedly committed offences punishable under
Section 58 of the Abkari Act I of 1077.
3. The prosecution allegation is that, at 1.30 p.m., on 15/06/2026, the
accused were found in possession of 3 litres of diluted arrack in a black plastic can
having a capacity of 5 litres and 30 litres of arrack in a white plastic can having a
capacity of 35 litres; adding all these there was a total quantity of 33 litres of arrack
and thereby committed the offences.
4. The learned counsel appearing for the petitioner would say that the
petitioner is totally innocent and falsely implicated with ulterior motives. At any rate,
he points out that the petitioner is in custody since 24/04/2024, and continued custody
of the petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition and points out that
the petitioner is not entitled to bail.
6. After having considered the submissions of the learned counsel for the
petitioner and learned Public Prosecutor and considering the allegation against the
..3..
petitioner, the quantity involved, the fact that he has been in custody since 24/04/2024
and also since there is no apprehension raised by the prosecution that if released on
bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.
Accordingly, this application is allowed, and the petitioner is granted bail subject to
the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for
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 report before the Investigating Officer as and when
directed;
(iii) The petitioner shall not tamper or attempt to tamper with the evidence
or influence or try to influence the witnesses;
(iv) The petitioner shall not be involved in any other crime while on bail;
(v) If any of the conditions are violated, the court concerned will be
empowered to take steps for cancellation of bail as per law.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
APA
..4..
APPENDIX OF BAIL APPL. 3745/2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE CRIME AND OCCURRENCE
REPORT IN CRIME NO.13.2024 OF EXCISE RANGE
OFFICE BDIADKA
ANNEXURE A2 THE COPY OF THE JUDGMENT DATED 20/10/2023
OF ASSISTANT SESSIONS COURT, KASARGOD
ANNEXURE A3 THE CERTIFIED COPY OF THE JUDGMENT DATED
31/10/2023 OF ASSISTANT SESSIONS COURT,
KASARGOD
ANNEXURE A4 THE TRUE COPY OF THE ORDER DATED
16/04/2024 IN BAIL APPLICATION 3062/2024
ANNEXURE A5 THE TRUE COPY OF THE ORDER DATED
25.04.2024 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT KASARGODE -I
