Accused in an excise case for illicit retail sale of Indian Made Foreign Liquor, arrested on a non-bailable warrant after failing to appear during trial, sought regular bail. The court noted his custody since 02.03.2024 and the quantity involved and granted bail on conditions including bond with sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
B.A.2641/24
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
BAIL APPL. NO. 2641 OF 2024
CRIME NO.43/2019 OF Sasthamcottah Excise Range Office, Kollam
AGAINST THE ORDER/JUDGMENT DATED 22.03.2024 IN SC NO.1673 OF 2019
OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,
KARUNAGAPPALLY
PETITIONER/S:
KUTTAPPAN,
AGED 69 YEARS
S/O CHATHAN,MANIKANDA BHAVANAM, PADINJATTAM KIZHAKKE
MURI, SOORANADU SOUTH VILLAGE, KUNNATHUR TALUK, KOLLAM
DISTRICT, PIN - 690522
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN
RADHIKA S.ANIL
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN – 682031
SR. PUBLIC PROSECUTOR SRI. SANGEETH NAIR N.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.2641/24
2
MOHAMMED NIAS C.P., J
...........................................................
B.A. No.2641 of 2024
Dated this the 14th day of May, 2024
O R D E R
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No.43/2019 of Sasthamcotta Excise Range Office, Kollam District, for having allegedly committed offences punishable under Section 55(i) of the Abkari Act.
3. The prosecution allegation is that on 06.04.2019 at 7.45 pm, the accused was found engaged in the illicit retail sale of Indian Made Foreign Liquor and thereby committed the offence. The accused was arrested on the same day, enlarged on bail, and the investigation was later completed. Upon filing the final report before the Judicial First Class Magistrate’s Court, Sasthamcotta, the case was taken on file as CP 34/2019 and committed to Sessions Court and later made over to the Assistant Sessions Court, Karunagappally as SC 1673/2019. Though summons were issued for appearance, he remained absent. Accordingly, coercive steps were taken and notice
was issued to the sureties who did not turn up and MC 32/2023 was registered against
B.A.2641/24
3
them. Thereafter, NBW was issued with a returnable date as 02.03.2024 and on that
date the accused was arrested and produced, and he was remanded to judicial custody since then.
Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioner shall report before the Investigating Officer as and when directed;
B.A.2641/24
4
(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
(iv) The petitioner shall not be involved in any other crime while on bail;
If any of the conditions are violated, the court concerned will be empowered to take
steps for cancellation of bail as per law.
Sd/-
MOHAMMED NIAS C.P. JUDGE
okb/
B.A.2641/24
5
APPENDIX OF BAIL APPL. 2641/2024
PETITIONER ANNEXURES
Annexure-AA COPY OF THE ORDER DATED 22.03.2024 IN
CRL.M.P. NO. 160 / 2024 OF THE ASSISTANT
SESSIONS COURT, KARUNAGAPPALLY
1 issue framed by the court
Whether regular bail under Section 439 CrPC should be granted to an accused in custody since 02.03.2024 for offences under Section 55(i) Abkari Act.
2 provisions across 2 enactments
KUTTAPPAN
STATE OF KERALA
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court