Allowed

Manikandan v. State of Kerala

Kerala HC18 Aug 2020Bail Appl./4121/2020

Case brief

AI extract

What is this about?

The Kerala High Court granted bail to an accused charged under the Kerala Abkari Act for allegedly transporting spirit. The court noted the contraband and vehicle were seized, found no active personal involvement, and granted bail on stringent conditions due to the pandemic situation despite pending cases in Tamil Nadu.

What did the court decide?

Release on bail upon execution of a bond for Rs. 1,00,000 with two solvent sureties each for Rs. 1,00,000, subject to stringent conditions regarding court appearance and conduct.

Manikandan Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2020)

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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 ASHOK MENON

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TUESDAY, THE 18TH DAY OF AUGUST 2020 / 27TH SRAVANA, 1942

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Bail Appl.No.4121 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMP 2999/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS,ALATHUR

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CRIME NO.138/2019 OF Alathur Excise Range Office, Palakkad

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PETITIONER/6TH ACCUSED:

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MANIKANDAN

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AGED 33 YEARS, S/O.KANAKARAJ, MUTHU NAGAR, MOONKILMADA, KOZHIPATHI, CHITTUR TALUK, PALAKKAD, PIN - 678 101.

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BY ADV. SMT.M.R.JAYALATHA

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RESPONDENT/STATE:

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STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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OTHER PRESENT:

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SRI.AMJAD ALI SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.4121 of 2020

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-2-

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O R D E R

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Dated this the 18th day of August 2020

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Application for regular bail under Section 439 of Cr.P.C.

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2. The applicant is the 6th accused in Crime No.138/2019 of Alathur Excise Range for having allegedly committed the offences punishable under Sections 55(a) and 55(D) of the Kerala Abkari Act.

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3. The prosecution case, in brief, is that on 14.12.2019, the Excise Party intercepted the vehicle bearing Reg.No.TN-41-AF-1515, which was allegedly used for transporting 310 litres of spirit. The contraband and the vehicle were seized. The applicant being the owner of the vehicle, has been implicated as an accused. He submits that he is not aware of the alleged transport of spirit and he has nothing to do with the same.

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4. The learned Counsel appearing for the applicant submits that the applicant had filed an application for anticipatory bail, which was disposed of by this Court directing him to surrender before the investigating officer, and accordingly, he surrendered on 18.06.2020 and

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B.A.No.4121 of 2020

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has been in judicial custody since then. The vehicle has already been taken into custody and confiscation proceedings has been initiated. Under the circumstances, it is prayed that the applicant may be released on bail and he may not be incarcerated any longer.

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5. The learned Public Prosecutor submits that the applicant was involved in similar antecedents in the State of Tamil Nadu and in case he is released on bail, he may abscond, and therefore, he may not be released on bail. It is also submitted that subsequent to this crime, 11,000 litres of spirit was seized from the State of Tamil Nadu and accused 3, 4 and 5 were part of that racket, involving this applicant also, in transporting spirit from Tamil Nadu to Kerala. Hence, it is prayed that the bail application may be dismissed.

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6. Heard the learned Counsel for the applicant and the learned Public Prosecutor.

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7. After having considered the entire facts and circumstances of the case, I find that the spirit, as well as the vehicle, have already been seized and the applicant was not actively involved in the transportation of spirit

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B.A.No.4121 of 2020

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-4-

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in person. The vehicle belonged to him and steps have been taken for confiscation. He has also been implicated as an accused for which he will have to answer. There are no other criminal cases pending against him in Keala, although it is pointed out that for transporting a large quantity of spirit, the case is registered in Tamil Nadu, wherein the involvement of the applicant is explicit.

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8. Considering the present pandemic situation and fact that the applicant need not be further subjected to any questioning by the investigating officer, I am inclined to grant him bail on stringent conditions.

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In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

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i) He shall appear before the investigating officer on all second Saturdays of the month between 9.00 AM and 12.00 noon for a period of three months or till the filing of the final report, whichever is earlier;

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B.A.No.4121 of 2020

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-5-

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ii) He shall not attempt to influence or intimidate the

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witnesses; and

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iii) He shall not get involved in similar offences during the currency of the bail.

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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.

Sd/-

ASHOK MENON

dkr

JUDGE

Manikandan v. State of Kerala

Case brief

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Manikandan v. State of Kerala

Case brief

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