Dismissed

Sajesh N. v. State of Kerala

Kerala HC25 May 2016Bail Appl./2680/2016

Case brief

AI extract

What is this about?

The court dismissed an application for pre-arrest/bail under Section 438 CrPC regarding possession of wash during alleged arrack manufacturing. The court held that custody was necessary for investigation and to prevent witness intimidation, finding no fit case for bail.

What did the court decide?

Application for pre-arrest bail dismissed. Petitioner advised to surrender after investigation for consideration of regular bail.

Sajesh N. Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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WEDNESDAY, THE 25TH DAY OF MAY 2016/4TH JYAISHTA, 1938

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Bail Appl..No. 2680 of 2016 ()

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------------------------------CRIME NO. 27/2016 OF KUNNAMANGALAM EXCISE RANGE, KOZHIKODE

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APPLICANT /ACCUSED :

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SAJEESH N., AGED 32 YEARS, S/O.SADANANDAN, NEDUNGATTUMMAL, N.I.T CAMPUS P.O., CHATHAMANGALAM, KOZHIKODE.

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BY SENIOR ADVOCATE SRI.P.VIJAYA BHANU BY ADVS.SRI. VIPIN NARAYAN SMT.MITHA SUDHINDRAN

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RESPONDENT/COMPLAINANT :

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. REMA R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P. UBAID, J.

B.A.No.2680 of 2016

Dated this the 25^th day of May, 2016

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The petitioner herein seeks pre-arrest bail under Section

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438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.27/2016 of the Kunnamangalam Excise Range, registered under Section 55(g) of the Kerala Abkari Act.

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The prosecution case is that on 14.03.2016 at

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about 2.15 pm, the petitioner was found possessing a huge quantity of 50 litres of wash at his homestead. The excise party led by the Excise Inspector saw him stirring the wash with something, in the process of manufacturing arrack. On seeing the excise party, the petitioner ran off and escaped, it is alleged. The quantity of wash was seized by the excise party as per mahazar.

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This application for pre-arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the

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B.A.No.2680 of 2016

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petitioner is absolutely necessary as part of investigation, and that, if the accused is now released, it will definitely obstruct the proper and effective investigation.

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On hearing both sides, and on a perusal of the

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materials including the case diary and the police report, I find that investigation is at the preliminary stage, and some more things remain to be done by the police as part of investigation. I find that custodial interrogation of the petitioner is absolutely necessary as part of investigation in this case, and I find that the accused will influence or intimidate the witnesses if he is now granted pre-arrest bail. However, if the petitioner so opts, he can surrender before the investigating officer or before the learned Magistrate having jurisdiction. After necessary interrogation, the question whether the accused can be granted regular bail, can well be considered by the learned Magistrate having jurisdiction. In the particular facts and circumstances of the case including the seriousness and gravity of the offence alleged, and also the stage of investigation, I find that this is not a fit case where the discretionary relief of pre-arrest bail can be granted.

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B.A.No.2680 of 2016

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In the result, this application for anticipatory bail is

dismissed.

Sd/-

P. UBAID, JUDGE

// True Copy // P.A.to Judge

Sajesh N. v. State of Kerala

Case brief

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Sajesh N. v. State of Kerala

Case brief

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