Sudheesh vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 29, 2021

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https://sooperkanoon.com/case/1654040

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Citation: sooperkanoon.com/1654040
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jul 29, 2021
Case Number: Bail Appl./5352/2021

Parties & Advocates

Appellant / Petitioner

Sudheesh

Respondent

State of Kerala

Excerpt

.....and he could not be arrested. the contraband has already been seized under a mahazar and now apprehending arrest, he has moved this court.3. i heard the learned counsel on both sides.4. it is submitted that the petitioner does not have criminal antecedents to his credit.5. the contraband has already been seized by theexcise officials, so that his custodial interrogation will not serve any purpose. he does not have criminal antecedents. moreover, section 8 (1) of the abkari act does not prescribe any statutory minimum substantive sentence and hence the injunction under section 41a of the abkari act cannot be attracted.6. therefore, the petitioner shall be at liberty tosurrender before the investigating officer within ten days from today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for rs.50,000/- (fifty thousand rupees only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail. bail application is allowed as above. sd/- k.haripal judge rmv/29/07/2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 IN CRIME NO. 64 OF 2021 OF THANKAMANI EXCISE RANGE OFFICE, IDUKKI DISTRICT PETITIONER/ACCUSED: SUDHEESH AGED 40 YEARS KANATHIL HOUSE, PANICKANKUDY P.O., KONNATHADY VILLAGE, IDUKKI TALUK AND DISTRICT. BY ADV S.JIJI RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. PP - SMT. SREEJA V. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioner is the sole accused in Crime No. 64 of 2021 of Thankamani Excise Range in Idukki district which was registered alleging offence punishable under Sections 8 (1) and

(2) of the Abkari Act.

2. The genesis of the prosecution case is that, on

22.06.2021 at 5.45 pm, when the Excise officials searched the house and surroundings of the petitioner, eight litres of illicit arrack was found kept on the south side of the concrete water tank situated near his house. Seeing the Excise party, the petitioner ran away from the place and he could not be arrested. The contraband has already been seized under a mahazar and now apprehending arrest, he has moved this Court.

3. I heard the learned counsel on both sides.

4. It is submitted that the petitioner does not have criminal antecedents to his credit.

5. The contraband has already been seized by the

Excise officials, so that his custodial interrogation will not serve any purpose. He does not have criminal antecedents. Moreover, Section 8 (1) of the Abkari Act does not prescribe any statutory minimum substantive sentence and hence the injunction under Section 41A of the Abkari Act cannot be attracted.

6. Therefore, the petitioner shall be at liberty to

surrender before the Investigating Officer within ten days from today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (fifty thousand rupees only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail. Bail Application is allowed as above. Sd/- K.HARIPAL JUDGE RMV/29/07/2021

Same Court & Year Kerala · 2021 Same Parties Sudheesh vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal