Rahul vs State of Kerala

RAHUL vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jan 20, 2022

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https://sooperkanoon.com/case/1570566

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Citation: sooperkanoon.com/1570566
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Jan 20, 2022
Case Number: Bail Appl./9996/2021

Parties & Advocates

Appellant / Petitioner

RAHUL

Respondent

State of Kerala

Excerpt

.....55 (f), 55 (g), 55 (h), 55 (i) of the kerala abkari act.2. the allegation against the petitioner is that when he was apprehendedand questioned on receiving secret information that he along with the 1 st accused were involved in procurement of spirit in large quantities, he gave information which led to recovery of large number of empty bottles and other equipment and materials together with several bottles of indian made foreign liquor. the recovery allegedly shows that the petitioner together with the other accused were involved in the manufacture of illicit liquor under the guise that it was indian made foreign liquor.3. the learned counsel for the petitioner submits that the petitioner isabsolutely innocent in the matter and he was only a driver of the 1 st accused, who used to act under the directions of the 1 st accused. it is submitted that the petitioner has been in custody since 12-12-2021 and his continued detention is not necessary for the purpose of any investigation. it is also submitted that the petitioner is not guilty of the offences alleged against him.4. i have heard the learned public prosecutor also. the learned publicprosecutor take me through the records of the case including the contents of annexure-a1 f.i.r and the search list etc to substantiate that the petitioner along with the other accused were involved in illegal manufacture and sale of liquor. b.a. no.9996/2021 -3-5. having regard to the facts and circumstances of the case and considering nature of the allegations against the petitioner, i am not inclined to grant bail to the petitioner at this point of time. in the result this bail application will stand dismissed. sd/- gopinath p. judge amg

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 20TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943 BAIL APPL. NO. 9996 OF 2021 Crime No.1047/2021 of Ambalapuzha Police Station PETITIONER/2ND ACCUSED: RAHUL AGED 29 YEARS, S/O.KARTHIKEYAN NAIR, LAKSHAM VEEDU COLONY, KARUMADY P.O., AMABALAPUZHA, ALAPPUZHA - 685 611. BY ADVS. K.R.SUNIL KRISHNA SURESH RESPONDENT/COMPLAINANT: STATE OF KERALA THROUGH SI OF POLICE, AMABALAPPUZHA POLICE STATION, AMABALAPUZHA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. OTHER PRESENT: ADV NOUSHAD (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.9996/2021 -2-

ORDER

The petitioner is the 2nd accused in Crime No.1047/2021 of Ambalapuzha Police Station, Alappuzha District alleging commission of offences under Sections 55 (1) B, 55 (c), 55 (a), 55 (f), 55 (g), 55 (h), 55 (i) of the Kerala Abkari Act.

2. The allegation against the petitioner is that when he was apprehended

and questioned on receiving secret information that he along with the 1 st accused were involved in procurement of spirit in large quantities, he gave information which led to recovery of large number of empty bottles and other equipment and materials together with several bottles of Indian Made Foreign Liquor. The recovery allegedly shows that the petitioner together with the other accused were involved in the manufacture of illicit liquor under the guise that it was Indian Made Foreign Liquor.

3. The learned counsel for the petitioner submits that the petitioner is

absolutely innocent in the matter and he was only a driver of the 1 st accused, who used to act under the directions of the 1 st accused. It is submitted that the petitioner has been in custody since 12-12-2021 and his continued detention is not necessary for the purpose of any investigation. It is also submitted that the petitioner is not guilty of the offences alleged against him.

4. I have heard the learned Public Prosecutor also. The learned Public

Prosecutor take me through the records of the case including the contents of Annexure-A1 F.I.R and the search list etc to substantiate that the petitioner along with the other accused were involved in illegal manufacture and sale of liquor. B.A. No.9996/2021 -3-

5. Having regard to the facts and circumstances of the case and considering nature of the allegations against the petitioner, I am not inclined to grant bail to the petitioner at this point of time. In the result this bail application will stand dismissed. Sd/- GOPINATH P. JUDGE AMG

Same Court & Year Kerala Orders · 2022 Same Parties RAHUL vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.