Pradeesh Kumar U vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 31, 2022

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Citation: sooperkanoon.com/1506122
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Aug 31, 2022
Case Number: Bail Appl./5858/2022

Parties & Advocates

Appellant / Petitioner

Pradeesh Kumar U

Respondent

State of Kerala

Excerpt

....., j.=========================== ============================ dated this the 31st day of august, 2022orderthis is an application for anticipatory bail.2. the petitioner is the sole accused in crime no. alleging commission of offence punishable under section 58 and 67b of kerala abkari act, 1077.3. the prosecution case is that on 28.06.2022 atabout 5.45 p.m. the petitioner was found transporting 27.36 liters of indian made foreign liquor which is permitted for sale only in karnataka state, in an autorikshwa bearing reg no. kl-14- w-9215 from the tar road in front of badariya juma masjid-majibali and thereby the accused is alleged to have committed the above-said offence.4. though the petitioner has moved an applicationfor bail before the sessions court, kasaragod the same was rejected. it is submitted that the petitioner is falsely implicated in the above said crime. the contraband was seized from an autorickshaw and though the petitioner is its registered owner of the vehicle it was rented out to some other person and absolutely he has no involvement in the alleged incident.5. heard the learned counsel for the petitioner and the learned public prosecutor.6. the learned public prosecutor seriously opposed the application for bail mainly contending that the petitioner is involved in another case crime no.110 of 2022 of excise range, kumbala.7. considering the criminal antecedents of the petitioner, i am not inclined to grant bail to the petitioner. in the result, this application is dismissed. accordingly, the petitioner shall surrender before the investigating officer in crime no.98/2022 of excise range office, kumbala, andsubject himself for interrogation. it is directed that in the event of arrest of the petitioner in crime no.98/2022 of excise range office, kumbala, the petitioner shall be produced before the jurisdictional magistrate’s court on the very same day and if an application is made with prior notice to the learned public prosecutor, the same shall be.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944 BAIL APPL. NO. 5858 OF 2022 PETITIONER/ACCUSED: PRADEESH KUMAR U AGED 42 YEARS ANUGRAHA HOUSE, NEAR HEALTH CENTRE, SHANTHINAGAR, MANJESWARAM P.O., PIN - 671323 BY ADVS. DEEPAK RAJ C.P.ROOPA RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SMT.NIMA JACOB PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM , J.
=========================== ============================ Dated this the 31st day of August, 2022

ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No. alleging commission of offence punishable under Section 58 and 67B of Kerala Abkari Act, 1077.

3. The prosecution case is that on 28.06.2022 at

about 5.45 P.M. the petitioner was found transporting 27.36 liters of Indian Made Foreign Liquor which is permitted for sale only in Karnataka State, in an autorikshwa bearing Reg No. KL-14- W-9215 from the tar road in front of Badariya Juma Masjid-Majibali and thereby the accused is alleged to have committed the above-said offence.

4. Though the petitioner has moved an application

for bail before the Sessions Court, Kasaragod the same was rejected. It is submitted that the petitioner is falsely implicated in the above said crime. The contraband was seized from an autorickshaw and though the petitioner is its registered owner of the vehicle it was rented out to some other person and absolutely he has no involvement in the alleged incident.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner is involved in another case Crime No.110 of 2022 of Excise Range, Kumbala.

7. Considering the criminal antecedents of the petitioner, I am not inclined to grant bail to the petitioner. In the result, this application is dismissed. Accordingly, the petitioner shall surrender before the investigating officer in Crime No.98/2022 of Excise Range Office, Kumbala, and

subject himself for interrogation. It is directed that in the event of arrest of the petitioner in Crime No.98/2022 of Excise Range Office, Kumbala, the petitioner shall be produced before the Jurisdictional Magistrate’s Court on the very same day and if an application is made with prior notice to the learned Public Prosecutor, the same shall be considered and disposed of by the Jurisdictional Magistrate preferably on the same day. Sd/- VIJU ABRAHAM JUDGE nk APPENDIX OF BAIL APPL.5858/2022 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF ORDER DATED 12.07.2022 IN CRLMP NO.2646/2022 PASSED BY THE HON'BLE COURT OF SESSION, KASARGOD DISTRICT

Same Court & Year Kerala · 2022 Same Parties Pradeesh Kumar U vs State of Kerala Same Judge Honourable Mr.Justice Viju Abraham