Allowed

Sankaranarayanan v. State of Kerala

Kerala HC9 Mar 2022Bail Appl./553/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail application filed by the petitioner accused of illegally distilling arrack. Considering his lack of antecedents, age, and medical condition, the court granted bail subject to furnishing a bond, appearance before the investigating officer, and not interfering with the investigation.

What did the court decide?

Anticipatory bail granted. Petitioner to execute bond with sureties, appear before IO on specified dates, and shall not interfere with investigation or commit other crimes.

Sankaranarayanan 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 GOPINATH P.

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WEDNESDAY, THE 9^TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943

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BAIL APPL. NO. 553 OF 2022

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CRIME NO.38 OF 2020 OF EXCISE RANGE OFFICE, KUZHALMANNAM

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PETITIONER/ACCUSED:

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SANKARANARAYANAN AGED 31 YEARS S/O.CHITHAN, ERAMANGALAM, NOCHULLY, KUZHALMANNAM, PALAKKAD - 678 702.

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA

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

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OTHER PRESENT:

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SRI. M.C. ASHI (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.553/2022

ORDER

This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.38/2020 of Excise Range Office, Kuzhalmannam, alleging commission of offences punishable under Sections 55(g) of the Kerala Abkari Act.

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The allegation against the petitioner is that he was found in possession of 60 litres of wash meant for the purpose of illegally distilling arrack.

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The learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the contraband was not recovered from the possession of the petitioner. It is submitted that the crime was detected in the year 2020 and the custody of the petitioner is not necessary for the purposes of any investigation. It is submitted that the recovery has been effected. It is submitted that the petitioner is a 55 year old man suffering from various illnesses as is evident from Annexure-B medical certificate.

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Heard the learned Public Prosecutor also.

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The learned Public Prosecutor opposes the grant of bail. It is

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submitted that though no criminal antecedents are reported against the petitioner, the petitioner is guilty of serious offences. It is submitted that

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B.A.No.553/2022

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the interrogation of the petitioner is absolutely necessary in the matter and he is not entitled to be released on anticipatory bail.

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Having regard to the facts and circumstances of the case and taking into account the fact that the petitioner has no criminal antecedents and also taking into account the age of the petitioner and his medical condition, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No. 38/2020 of Excise Range Office, Kuzhalmannam, subject to the following conditions:-

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(i) Petitioner shall execute a bond for a sum of Rs.50,000/(Rupees fifty 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 investigating officer in Crime No.38/2020 of Excise Range Office, Kuzhalmannam, at 10 A.M. on 14.3.2022 and 15.3.2022 and thereafter whenever called upon to do so;

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(iii) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 38/2020 of Excise Range Office, Kuzhalmannam,;

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B.A.No.553/2022

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(iv) Petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.38/2020 of Excise Range Office, Kuzhalmannam, may file an application before the jurisdictional Court for cancellation of bail.

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sd/-

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GOPINATH P. JUDGE

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acd

Sankaranarayanan v. State of Kerala

Case brief

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Sankaranarayanan v. State of Kerala

Case brief

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