Allowed

Somasekharan Nair v. State of Kerala

Kerala HC1 Sept 2021Bail Appl./5692/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted statutory bail to two accused persons in a liquor contraband case after the statutory investigation period expired without the filing of a charge sheet, despite the serious nature of the charges.

What did the court decide?

Petitioners were released on bail upon executing a bond for Rs.1,00,000 with two sureties, appearing twice a month, and refraining from tampering with evidence.

Somasekharan Nair Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

¶1

B.A.No.5692 of 2021 and 6341 of 2021

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶6

WEDNESDAY, THE 1^ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943

¶7

BAIL APPL. NO. 5692 OF 2021

¶8

(CRIME NO.93 OF 2021 OF ALATHUR EXCICE RANGE, PALAKKAD) PETITIONER/ACCUSED NO.8

¶9

SOMASEKHARAN NAIR AGED 58 YEARS S/O NEELAKANDAN NAIR,SANKEERTHANAM, MUDICKAL(P.O),PALAKKATHU THAZAM,PERUMBAVOOR, ERNAKULAM DISTRICT.

¶10

BY ADV NIREESH MATHEW

¶11

RESPONDENT/COMPLAINANT:

¶12

STATE OF KERALA

¶13

REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031.

¶14

OTHER PRESENT:

¶15

SRI.NOUSHAD.K.A- SR.P.P

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ALONG WITH B.A.NO.6341 OF 2021 ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

B.A.No.5692 of 2021 and 6341 of 2021

¶18

¶19

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶20

PRESENT

¶21

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶22

WEDNESDAY, THE 1^ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943

¶23

BAIL APPL. NO. 6341 OF 2021

¶24

(CRIME NO.93 OF 2021 OF EXCISE RANGE OFFICE, ALATHUR) PETITIONERS/ACCUSED NO.9:

¶25

SUBESH

¶26

AGED 50 YEARS

¶27

S/O.ARUMUGHAN, MANAKKAD HOUSE, PADOOR VILLAGE, ALATHUR TALUK, KAVASSERY P.O., PALAKKAD DISTRICT, PIN - 678 543.

¶28

BY ADVS.

¶29

S.ABHILASH VISHNU ANWIN JOHN ANTONY

¶30

RESPONDENT/COMPLAINANT:

¶31

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE EXCISE CIRCLE INSPECTOR, EXCISE CRIME BRANCH, ERNAKULAM).

¶32

2 EXCISE INSPECTOR EXCISE RANGE OFFICE, ALATHUR, PALAKKAD DISTRICT, PIN - 678 541. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶33

OTHER PRESENT:

¶34

SRI.MANU.PG- SR.P.P

¶35

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.09.2021 ALONG WITH B.A. NO.5692 OF 2021, THE COURT ON THE SAME DAY DELIVERED

¶36

THE FOLLOWING

¶37

B.A.No.5692 of 2021 and 6341 of 2021

¶38

¶39

ORDER

¶40

Application for regular bail.

¶41

The petitioners are the accused No.8 (B.A.No.5692 of 2021) and accused No.9 (B.A. 6341 of 2021) in Crime No.93/2021of Alathur Excise Range registered for the offences punishable under Sections 55 (a), 55 D, 57 (a) 67B of the Abkari Act.

¶42

The allegations levelled against the petitioners as well the other

¶43

accused are as follows:

¶44

On 27.6.2021 the Excise officials of the Excise Enforcement and Anti Narcotic Special Squad on some secret information conducted search in two buildings bearing No.VI/385 of Wadakkanchery Grama Panchayath and House No.X1/534 of Kavassery Grama Panchayath, and seized 1312 litres of spirit and 560 litres of sugar laces concealed for distillation of illicit liquor. It was revealed that the same was transported by the accused and stored in the buildings in contravention of the provisions of the Abkari Act and the accused Nos.1 to 7 were apprehended from the spot and thus the case has been registered.

¶45

These petitioners were apprehended on a later date on investigation. They are in custody since 1.7.2021.

¶46

B.A.No.5692 of 2021 and 6341 of 2021

¶47

¶48

The learned counsel for the petitioners submit that they have been falsely implicated in the case and now the investigation of the case is nearing completion and therefore, further detention is not warranted. Hence, these applications.

¶49

The learned Public Prosecutor also submitted that the investigation could not be completed till date though they were taken in custody on 1.7.2021.

¶50

Doubtless that the offecnes alleged against these petitioners are grave and serious in nature. The contraband seized are large in quantity but it is not in dispute that they were remanded to judicial custody on 1.7.2021 and hence, the mandatory period of filing the final report excluding the date of remand was completed by 30.8.2021. Since the statutory period is completed by the accused in detention and the investigating agency could not complete the investigation and file the final report, the petitioners had accrued the indefeasible right of statutory bail and hence it is not appropriate to consider the gravity of the offences alleged against them to deny bail. The bail application has been pending before this Court since 26.8.2021 and hence, the petitioners are entitled for the statutory bail and hence, they are entitled to be released on bail subject to the following conditions.

¶51

(i) The petitioners shall be released on bail on each of them

¶52

B.A.No.5692 of 2021 and 6341 of 2021

¶53

¶54

executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the

¶55

court having jurisdiction.

¶56

(ii) The petitioners shall appear before the investigating officer twice in a month ie; on the first and last Mondays of every month between 11.a.m and 12 noon, for a period of two months till filing of the charge sheet.

¶57

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

¶58

(iv) The petitioners shall not commit any offence while on bail.

¶59

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

¶60

The bail applications are allowed accordingly.

Sd/-

SHIRCY V

JUDGE

smm

Somasekharan Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

Somasekharan Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sajeevan T.A. Vs State of Kerala

R.Retnakumar Vs State of Kerala Represented Public Prosecutor

Eldho Abraham Vs State of Kerala

Yadu Mohan Vs State of Kerala

Rassal Vs State of Kerala

Shamnad Vs State of Kerala