Allowed

Soman @ Somashekharan v. State of Kerala

Kerala HC1 Mar 2023Bail Appl./416/2023

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to a 67-year-old accused charged under the Kerala Abkari Act after finding arrest unnecessary for effective investigation, directing surrender and cooperation.

What did the court decide?

Petitioner allowed anticipatory bail on execution of personal bond for Rs.30,000 and two sureties, conditional on surrender, appearance, and cooperation with investigation.

Soman @ Somashekharan Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

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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 A. BADHARUDEEN

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WEDNESDAY, THE 1^ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944

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BAIL APPL. NO. 416 OF 2023

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CRIME NO.1/2023 OF IRINJALAKUDA EXCISE RANGE OFFICE, THRISSUR

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PETITIONER/2ND ACCUSED:

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SOMAN @ SOMASHEKHARAN AGED 67 YEARS S/O. ACHUTHA KURUP, KALARICKAL HOUSE, VEPPOOR DESOM, AMABALLORE VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680301 BY ADV N.L.BITTO

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV.P.G.MANU, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 416 OF 2023

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ORDER

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Dated this the 1^st day of March, 2023

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This is an application for anticipatory bail filed by the second accused in crime No.1/2023 of Irinjalakkuda Excise Range Office, Thrissur, where the prosecution alleges commission of offence punishable under Section 55(g) of the Kerala Abkari Act.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

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I have perused the relevant documents forming part of the case diary placed by the learned Public Prosecutor.

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The prosecution allegation is that at 5 pm on 04.01.2023, the Excise Inspector, Irinjalakkuda detected 150 litre of wash and utensils for distilling alcohol in the possession of the accused. Accordingly, the 1^st accused was nabbed and the contraband was taken into custody. The specific case is that the 2^nd accused, who was engaged in distilling the alcohol,

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BAIL APPL. NO. 416 OF 2023

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ran away, on seeing the Excise Party and therefore, he could not be arrested.

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The learned counsel for the petitioner would submit

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that the petitioner is innocent and he was not present at the time of recovery and if he was present, the Excise Party could very well arrest him. Therefore, the allegations against him are absolutely false. Even then, the petitioner is ready to cooperate with the investigation. Therefore, he may be released on anticipatory bail.

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The learned Public Prosecutor submitted that the presence of the 2^nd accused is noted in the scene mahazar though he could not be arrested. In this case, in fact, the person who dealt with the contraband was arrested from the spot along with contraband. Therefore, the presence of the 2^nd petitioner is a matter of investigation and the failure of the Excise Party to arrest him though his presence was recorded in the mahazar is a matter of serious concern, particularly

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BAIL APPL. NO. 416 OF 2023

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when he was admittedly aged 67 at the time of occurrence.

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Having noticed the factual events as discussed, I am of the view that the arrest and custodial interrogation of the petitioner are not necessary to effectuate meaningful investigation and successful prosecution. However, the petitioner can be directed to subject himself for interrogation to effectuate investigation.

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Accordingly, the petition stands allowed and the petitioner can be enlarged on bail, on the following conditions:

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i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself.

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ii. On such production, the jurisdictional court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by himself and by two solvent sureties, each for the

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BAIL APPL. NO. 416 OF 2023

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like sum to the satisfaction of the jurisdictional court.

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iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. Further he shall appear before the Investigating Officer on all Wednesdays between 9 am to 10 am for three weeks from the date of his surrender.

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iv. The petitioner shall not intimidate the witnesses or interfere with the investigation in any manner.

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v. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.

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Sd/-

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A. BADHARUDEEN JUDGE

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nkr

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BAIL APPL. NO. 416 OF 2023

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APPENDIX OF BAIL APPL. 416/2023

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PETITIONER ANNEXURES

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Annexure1 A TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM NEW MEDICAL COLLEGE HOSPITAL MULANKUNNATHUKAVU DATED 18/4/2017 AND OTHER TREATMENT RECORDS OF THE PETITIONER

Soman @ Somashekharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Soman @ Somashekharan v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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