K.K.Kushalappa Gowda Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1010855
CourtKerala High Court
Decided OnJan-10-2013
JudgeHONOURABLE MR.JUSTICE P.BHAVADASAN
AppellantK.K.Kushalappa Gowda
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.bhavadasan thursday, the 10th day of january 2013 20th pousha 193 bail appl..no. 20 of 2013 () ---------------------------- (crime no.190/12 of adhur police station, kasaragod) accused(s)/accused: ------------------ k.k.kushalappa gowda, aged 5 years aged 5 years s/o. lakshmana delampady bellipady house panchikkal p.o. kasaragod district. by adv. sri.kodoth sreedharan complainant(s)/complainant: --------------------------- state of kerala through the sho adhur police station rep. by its public prosecutor high court of kerala ernakulam. by public prosecutor mr.v s sreejith this bail application having been finally heard on 10-01-2013, the court on the same day passed the following: p.bhavadasan, j.---------------------------------------------------- ba no.20 of 2013 ---------------------------------------------------- dated this the 10th day of january 2013 order the petitioner was apprehended with 24 bottles, each containing 180 ml of indian made foreign liquor and was booked for the offence punishable under s.55(a) of the kerala abkari act. the petitioner would submit that he is totally innocent and has been implicated with ulterior motives. at any rate, he has been in custody from 11.12.2012 onwards and a good part of the investigation must have been completed by now. so, his continued custody is unnecessary. he, therefore, seeks bail.2. the learned public prosecutor opposed the application and pointed out that the investigation is still going on.3. after having gone through the records made available in the cd, the claim of the petitioner that he is totally innocent, cannot be countenanced. there are materials to show his involvement in the incident. but the fact remains that he has been in custody from 11.12.2012 onwards and a good ba 20/13 2 part of the investigation must have been completed by now. moreover, there is no apprehension expressed by the investigating agency that the petitioner is likely to abscond if released on bail. considering the totality of the facts and circumstances of the case, it is felt that the continued custody of the petitioner is unnecessary. the application is accordingly allowed and the petitioner shall be released on bail, subject to the following conditions :1. the petitioner shall execute a bond for rs.10,000/- (rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the jfcm-i, kasaragod.2. the jfcm concerned shall ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties, before granting bail to the petitioner.3. the petitioner shall report before the investigating officer on every wednesday between 9 am and 10 am, till final report is filed.4. the petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.5. if any of the conditions is violated, the bail granted shall ba 20/13 3 stand cancelled and the jfcm concerned on being satisfied of the said fact, may take such action as available to him in law. p.bhavadasan, judge sta ba 20/13 4
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 10TH DAY OF JANUARY 2013 20TH POUSHA 193 Bail Appl..No. 20 of 2013 () ---------------------------- (CRIME NO.190/12 OF ADHUR POLICE STATION, KASARAGOD) ACCUSED(S)/ACCUSED: ------------------ K.K.KUSHALAPPA GOWDA, AGED 5 YEARS AGED 5 YEARS S/O. LAKSHMANA DELAMPADY BELLIPADY HOUSE PANCHIKKAL P.O. KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN COMPLAINANT(S)/COMPLAINANT: --------------------------- STATE OF KERALA THROUGH THE SHO ADHUR POLICE STATION REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR MR.V S SREEJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J.

---------------------------------------------------- BA No.20 of 2013 ---------------------------------------------------- Dated this the 10th day of January 2013 Order The petitioner was apprehended with 24 bottles, each containing 180 ml of Indian Made Foreign Liquor and was booked for the offence punishable under S.55(a) of the Kerala Abkari Act. The petitioner would submit that he is totally innocent and has been implicated with ulterior motives. At any rate, he has been in custody from 11.12.2012 onwards and a good part of the investigation must have been completed by now. So, his continued custody is unnecessary. He, therefore, seeks bail.

2. The learned Public Prosecutor opposed the application and pointed out that the investigation is still going on.

3. After having gone through the records made available in the CD, the claim of the petitioner that he is totally innocent, cannot be countenanced. There are materials to show his involvement in the incident. But the fact remains that he has been in custody from 11.12.2012 onwards and a good BA 20/13 2 part of the investigation must have been completed by now. Moreover, there is no apprehension expressed by the Investigating Agency that the petitioner is likely to abscond if released on bail. Considering the totality of the facts and circumstances of the case, it is felt that the continued custody of the petitioner is unnecessary. The application is accordingly allowed and the petitioner shall be released on bail, subject to the following conditions :

1. The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM-I, Kasaragod.

2. The JFCM concerned shall ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties, before granting bail to the petitioner.

3. The petitioner shall report before the Investigating Officer on every Wednesday between 9 am and 10 am, till final report is filed.

4. The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

5. If any of the conditions is violated, the bail granted shall BA 20/13 3 stand cancelled and the JFCM concerned on being satisfied of the said fact, may take such action as available to him in law. P.Bhavadasan, Judge sta BA 20/13 4