Allowed

Somasekhara.a v. State of Kerala

Kerala HC7 May 2024Bail Appl./3731/2024

Case brief

AI extract

What is this about?

Regular bail application by accused arrested for transporting 5.580 litres of IMFL allegedly meant for sale in Karnataka. Noting absence of a specific allegation of transport for sale and the period already spent in custody, the court granted bail with conditions including bond, sureties, weekly reporting to the investigating officer, and non-interference with investigation.

What did the court decide?

Petitioner released on bail on bond of Rs.50,000 with two solvent sureties, subject to reporting and investigation-related conditions.

Somasekhara.a Vs State of Kerala — Bail and Remand | Kerala HC (2024)

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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 C.PRATHEEP KUMAR

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TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946

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BAIL APPL. NO. 3731 OF 2024

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CRIME NO.43/2024 OF BADIADUKA EXCISE RANGE, KASARGOD

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PETITIONER/ACCUSED:

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SOMASEKHARA.A
AGED 36 YEARS
SON OF AYYAPPA NAIK, MALLAMPARA(H), MALLAMPARA
DESOM, ADOOR VILLAGE, KASARAGOD TALUK., PIN - 671543

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BY ADVS.
C.C.ANOOP
R.ANAS MUHAMMED SHAMNAD

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RESPONDENTS:

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

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2THE EXCISE INSPECTOR
BADIADUKA EXCHANGE RANGE, KASARAGOD DISTRICT,
PIN - 671551

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OTHER PRESENT:

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PUBLIC PROSECUTOR SRI VIPIN NARAYANAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 3731 of 2024

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C.PRATHEEP KUMAR, J.

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Bail Application No.3731 of 2024

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Dated this the 07^th day of May, 2024

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ORDER

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This is an application for regular bail filed under Section 439 of Cr.P.C. by the accused in Crime No.43/2024 of the Badiaduka Excise Range Office, Kasargod. The offences alleged against the petitioner are under Sections 58 & 67B of the Kerala Abkari Act of 1077.

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The prosecution case is that: on 15.04.2024, at 11.15 a.m, the accused was found transporting 5.580 litres of Indian Made Foreign Liquor (IMFL) meant for sale in the State of Karnataka, near to Karadukka in his scooter bearing No. KL 60 3974. The petitioner was arrested on the same day and he is in custody till then.

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According to the learned counsel for the petitioner, this is a false

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B.A. No. 3731 of 2024

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case foisted against the petitioner and that he is innocent.

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The application was opposed by the learned Public Prosecutor.

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The allegation against the petitioner is that, on 15.4.2024, he

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was found transporting 5.580 liters of IMFL meant for sale in the State

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of Karnataka, in his scooter near Karadukka within the limits of Badiaduka Excise Range. In the crime and occurrence report, there is no specific allegation that the petitioner had transported the IMFL for the purpose of sale.

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Considering the fact that the petitioner is in judicial custody since 15.04.2024, I am inclined to allow this application, subject to the following conditions :-

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(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Court below.

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(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of June,

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B.A. No. 3731 of 2024

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2024, whichever is earlier.

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(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.

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(iv) The petitioner shall not involve himself in similar offence while on bail.

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SD/-

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C.PRATHEEP KUMAR , JUDGE

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rmm7.5.2024

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B.A. No. 3731 of 2024

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APPENDIX OF BAIL APPL. 3731/2024

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PETITIONER ANNEXURES

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Annexure A1THE FREE CERTIFIED COPY OF THE ORDER
DATED 20.4.2024 BY THE HONBLE COURT OF
THE JUDICIAL FIRST CLASS MAGISTRATE-
1,KASARAGOD IN C.M.P NO.509/2024 IN CRIME
NO.43/2024 OF BADIADUKA EXCHANGE RANGE,
KASARAGOD DISTRICT

Somasekhara.a v. State of Kerala

Case brief

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Somasekhara.a v. State of Kerala

Case brief

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