Krishnakumar vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Apr 26, 2022

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https://sooperkanoon.com/case/1469051

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Citation: sooperkanoon.com/1469051
Court: Kerala Orders High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Apr 26, 2022
Case Number: Bail Appl./2866/2022

Parties & Advocates

Appellant / Petitioner

Krishnakumar

Respondent

State of Kerala

Excerpt

.....this the 26th day of april, 2022 this is an application filed u/s 438 of code of criminal procedure seeking pre-arrest bail.2. the petitioner is the accused in crime no.47/2022 of sasthamkotta excise range office. the offences alleged are under section 55(i) of the kerala abkari act.3. the prosecution case in short is that on01.04.2022 at about 11.30 am the petitioner was found in possession of 7.5 litres of imfl in contravention of kerala abkari act and thereby committed the offence.4. heard both sides and perused the case diary.5. the learned counsel for the petitionersubmitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. he further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. the learned public prosecutor opposed the bail application. he contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.6. the law with regard to the grant or refusal ofpre-arrest bail is well settled. pre-arrest bail cannot be granted as a matter of course. the power u/s 438 of cr.p.c could be exercised only when a special case is made out, that too, recording reasons thereof. perusal of the case diary would reveal that the accusation made against the petitioner is well founded. the allegations made against him is very serious in nature and it prima facie show a premeditated criminal act on his part. the investigation is in a preliminary stage. the custodial interrogation of the petitioner is necessary for the purpose of investigation. as rightly argued by the learned public prosecutor, the possibility of the petitioner influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail.hence, considering the gravity of the offence and stage of investigation, i.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944 BAIL APPL. NO. 2866 OF 2022 CRIME NO.47/2022 OF SASTHAMKOTTA EXCISE RANGE OFFICE, KOLLAM DISTRICT PETITIONER/ACCUSED: 1 KRISHNAKUMAR AGED 35 YEARS SON OF KRISHNANKUTTY PILLA, KRISHNABHAVANAM, MUTHUPILAKKADU, KIZHAKKUM MURI, PORUVAZHY P.O., KUNNATHOOR, KOLLAM, PIN - 690520 BY ADVS. K.S.ARUN KUMAR RAJEE P MATHEWS AMRUTHA P S AMRUTHA K P VIJAY SANKAR V.H. SRUTHY UNNIKRISHNAN AISWARYA E J VETTIKOMPIL RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 EXCISE INSPECTOR, SASTHAMKOTTA EXCISE RANGE SASTHAMKOTTA EXCISE RANGE OFFICE, KOLLAM DISTRICT, PIN - 690521 BY ADV.SMT. REKHA S.,SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 26th day of April, 2022 This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

2. The petitioner is the accused in Crime No.47/2022 of Sasthamkotta Excise Range Office. The offences alleged are under Section 55(i) of the Kerala Abkari Act.

3. The prosecution case in short is that on

01.04.2022 at about 11.30 am the petitioner was found in possession of 7.5 litres of IMFL in contravention of Kerala Abkari Act and thereby committed the offence.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner

submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

6. The law with regard to the grant or refusal of

pre-arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power u/s 438 of Cr.P.C could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary would reveal that the accusation made against the petitioner is well founded. The allegations made against him is very serious in nature and it prima facie show a premeditated criminal act on his part. The investigation is in a preliminary stage. The custodial interrogation of the petitioner is necessary for the purpose of investigation. As rightly argued by the learned Public Prosecutor, the possibility of the petitioner influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail.

Hence, considering the gravity of the offence and stage of investigation, I feel that it is not a fit case where extra ordinary jurisdiction vested with this Court u/s 438 of Cr.P.C. could be invoked. The application is only to be dismissed. In the result, the bail application is dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE SKP/26.04

Same Court & Year Kerala Orders · 2022 Same Parties Krishnakumar vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath