Allowed

Praveen B v. State of Kerala

Kerala HC7 Mar 2023Bail Appl./649/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by an accused in two separate excise cases involving possession of spirit and contraband. The court granted bail on security of Rs. 50,000 with conditions to prevent tampering with evidence and cessation of further offences.

What did the court decide?

Petitioner released on bail on Rs. 50,000 security with two sureties on conditions including visitation to Investigating Officer and non-interference with evidence.

Praveen B Vs State of Kerala — Bail and Remand | 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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TUESDAY, THE 7^TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 BAIL APPL. NO. 649 OF 2023

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C.R.NO.1/2023 OF KOLLENGODE EXCISE RANGE OFFICE, PALAKKAD

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PETITIONER/ACCUSED:

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PRAVEEN B AGED 35 YEARS S/O.BABU, MATTATHIL HOUSE, CHEMMANAMPATHI, MUTHALAMADA-1, GOVINDAPURAM, PALAKKAD DISTRICT, PIN – 678507.

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BY ADV NIREESH MATHEW

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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, PIN – 682031.

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BY STM.T.V.NEEMA SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24.02.2023 ALONG WITH B.A.NO.1346/2023, THE COURT ON

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07.03.2023 DELIVERED THE FOLLOWING:

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B.A.Nos.649 & 1346 of 2023 2

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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 TUESDAY, THE 7^TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 BAIL APPL. NO. 1346 OF 2023

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C.R NO.3/2023 OF KOLLENGODE EXCISE RANGE OFFICE, PALAKKAD

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PETITIONER/ACCUSED NO.2:

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PRAVEEN B AGED 35 YEARS SON OF BABU, MATTATHIL HOUSE, CHEMMANAMPATHI, MUTHALAMADA-1 GOVINDAPURAM, PALAKKAD DISTRICT, PIN – 678507.

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BY ADV NIREESH MATHEW

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RESPONDENT/STATE:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031.

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BY SENIOR PUBLIC PROSECUTOR SRI P.G.MANU

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24.02.2023 ALONG WITH B.A.NO.649/2023, THE COURT ON 07.03.2023 DELIVERED THE FOLLOWING:

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B.A.Nos.649 & 1346 of 2023 3

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A. BADHARUDEEN, J.

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

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B.A.No.649 of 2023 and B.A.No.1346 of 2023

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================================ Dated this the 7 th day of March, 2023

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O R D E R

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B.A.No.649/2023 has been filed by the petitioner, who is the

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sole accused in C.R.No.1 of 2023 of Kollengode Excise Range

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Office, Palakkad, under Section 439 of the Code of Criminal Procedure, seeking regular bail, where he alleged to have committed offence punishable under Section 55(a) of the Kerala Abkari Act.

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2 . The same petitioner, who got arrayed as the 2 nd accused in C.R.No.3/2023 seeks regular bail in B.A.No.1346/2023, where

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his arrest was recorded on 17.01.2023 when he was arrested in

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C.R. No.1/2023.

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Heard the learned counsel for the petitioner and the

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B.A.Nos.649 & 1346 of 2023 4

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learned Public Prosecutor in detail. Perused the report of the Investigating Officer placed by the learned Public Prosecutor.

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4 . The prosecution case in C.R. No.1/2023 is that at 1.50

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p.m on 13.01.2023, the petitioner herein possessed 30 litre of spirit, 290 gram of saccharin, 12 kg of sugar and 15 kg. of white powder for the purpose of distilling alcohol in his house bearing No.9/68 of Muthalamada Grama Panchayat. Accordingly, he was nabbed along with the contraband and crime alleging commission of offence under Section 55(a) of the Abkari Act was registered.

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5 . In Crime No.3/2023 of Kollengode Excise Range, the

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allegation is that at about 4 p.m on 17.01.2023, 4818 litre of spirit was found in possession of the 1 st accused in this crime. Accordingly, he was nabbed and contraband taken into custody. Thereafter, crime alleging commission of offence punishable under Section 55(a) of the Abkari Act was registered and the investigation has been going on. During investigation, it was revealed that the petitioner herein is the person, who after joining

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B.A.Nos.649 & 1346 of 2023 5

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hands with the 1 st accused, transported 4818 litre of spirit and accordingly he also got arrayed as the 2 nd accused and his formal arrest was recorded on 17.01.2023.

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6 . The learned counsel for the petitioner would submit that the petitioner has been in custody from 13.01.2023 in connection with C.R.No.1/2023, where the contraband recovered is much less and, therefore, he is liable to be released on regular bail taking note of the progress of the investigation.

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7. Regarding his involvement in C.R.No.3/2023, the learned counsel for the petitioner would submit that nothing recovered from the conscious possession of the petitioner and he was implicated merely relying on the confession statement of the 1 st accused. He would submit further that the investigation in this crime has achieved much progress and therefore, the petitioner may be enlarged on bail.

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8. Whereas it is submitted by the learned Public Prosecutor that in C.R.No.1/2023 the petitioner was arrested red-handedly and

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B.A.Nos.649 & 1346 of 2023 6

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in C.R.No.3/2023 the investigation revealed that 4818 litre of spirit was kept at the building along with the 1 st and 2 nd accused and the 2nd accused is a person having toddy extracting farm unit. The spirit was there stored to mix with the toddy to be supplied in various places including Alathur, Mavelikkara, Karunagappally etc. It appears that the petitioner is having involvement in 2 crimes and at present, it cannot be held that he was implicated in C.R.No.3/2023 without any basis. In the second crime, contraband would come to 4818 litre of spirit, alleged to be kept by the accused for the purpose of mixing the same with toddy to be supplied at various parts of the Kerala State.

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9. Thus it appears that the investigation is at the premature stage and earlier release of the petitioner on bail would hamper the investigation. However, taking note of the progress of the investigation, I am inclined to release him on bail on conditions and one among the conditions is that the petitioner/accused shall not involve in any other offence during the currency of bail and any

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B.A.Nos.649 & 1346 of 2023 7

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such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.

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10. Accordingly, the petitions stand allowed and the petitioner can be released on bail on the following conditions:

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i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

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ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

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iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

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iv. Accused/petitioner shall not involve in any other offence

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B.A.Nos.649 & 1346 of 2023 8

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during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to

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cancel the bail hereby granted.

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Sd/- (A. BADHARUDEEN, JUDGE)

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rtr/

Praveen B v. State of Kerala

Case brief

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Praveen B v. State of Kerala

Case brief

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