Allowed

Madusoodhanan.K v. State of Kerala

Kerala HC23 Aug 2022Bail Appl./1366/2022

Case brief

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What is this about?

This judgment grants anticipatory bail to the petitioner, an accused under Section 58 of the Kerala Abkari Act, subject to stringent conditions including execution of a bond and surrender before the investigating officer.

What did the court decide?

Anticipatory bail granted subject to execution of bond Rs.25,000/- with two sureties, surrender by 30.08.2022, and adherence to specific conduct conditions.

Madusoodhanan.K Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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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 VIJU ABRAHAM

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TUESDAY, THE 23^RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944

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BAIL APPL. NO. 1366 OF 2022

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CRIME NO.178/2021 OF EXCISE RANGE OFFICE, HOSDURG, KASARAGOD

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PETITIONER:

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MADUSOODHANAN.K

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AGED 48 YEARS, SON OF KARUTHAMBU, THOKKANAMMOTTA, PANAYAL VILLAGE, HOSDURG TALUK, KASARAGOD DISTRIC, PIN - 671316 BY ADVS. P.K.SUBHASH K.REEHA KHADER

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 THE STATION HOUSE OFFICER EXCISE INSPECTOR, HOSDURG EXCISE RANGE, KASARAGOD DISTRICT- 671531,

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BY ADV

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SR.PP - SMT. SEETHA S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

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ON 23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

B.A. No.1366 of 2022

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VIJU ABRAHAM, J.

= = = = = = = = = = = = = = = = = = = =

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B.A. No.1366 of 2022

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= = = = = = = = = = = = = = = = = = = = Dated this the 23^rd day of August, 2022

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O R D E R

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This is an application for Anticipatory Bail.

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Petitioner is the accused in Crime No.178/2021 of Excise Range office, Hosdurg, Kasaragod district, alleging commission of offence punishable under Section 58 of the Kerala Abkari Act.

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The prosecution allegation against the petitioner is that, on 07.09.2021 at 6.30 pm, near to an Electric post having No.P.B.KT 51/1 situated in Kunnukochi road in Panayal Village of Hosdurg Taluk, the excise officials detected 2.340 litres of IMFL meant for sale only in Karnataka and thereby committed the aforesaid offences.

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The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and also that the petitioner has no other criminal antecedents.

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Heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the

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B.A. No.1366 of 2022

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.. 3 ..

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case and considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 30.08.2022, at 11 a.m. and in the event of arrest of the petitioner in Crime No.178/2021 of Excise Range office, Hosdurg, Kasaragod, the petitioner shall be produced before the jurisdictional magistrate on the same day and shall be released on bail, subject to the following conditions:-

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(i) The petitioner shall execute bond for a

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sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;

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(ii) Petitioner shall appear before the

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investigating officer in Crime No.178/2021 of Excise Range office, Hosdurg, Kasaragod as and when required;

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(iii) The petitioner shall not attempt to interfere with the investigation or to influence or

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B.A. No.1366 of 2022

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.. 4 ..

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intimidate any witness in Crime No.178/2021 of

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Excise Range office, Hosdurg, Kasaragod ;

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(iv) The petitioner shall not involve in any

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other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.178/2021 of Excise Range office, Hosdurg, Kasaragod may file an application before the jurisdictional Court, for cancellation of bail.

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It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State(NCT of Delhi) and another(2020(1)KHC 663).

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Sd/-

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VIJU ABRAHAM, JUDGE

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ded/23.08.2022

Madusoodhanan.K v. State of Kerala

Case brief

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Madusoodhanan.K v. State of Kerala

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