Allowed

Deepesh Kumar v. State of Kerala

Kerala HC7 May 2024Bail Appl./3765/2024

Case brief

AI extract

What is this about?

Regular bail application by an accused arrested for possessing 800 ml of Indian Made Foreign Liquor. The court noted no specific allegation of possession for sale and allowed bail on a bond with conditions including weekly reporting to the Investigating Officer.

What did the court decide?

Petitioner released on bail on executing bond for Rs.50,000 with two solvent sureties, subject to reporting to the Investigating Officer every Tuesday till final report/end of June 2024 and other cond

Deepesh Kumar 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
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
BAIL APPL. NO. 3765 OF 2024

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CRIME NO.46/2024 OF CHADAYAMANGALAM EXCISE RANGE OFFICE, KOLLAM
PETITIONER/ACCUSED:

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DEEPESH KUMAR
AGED 36 YEARS

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S/O MOHANAN NAIR, DEEPESH BHAVAN, KANIYARUKONAM
DESOM, KOTTUKAL VILLAGE, KOTTARAKKARA TALUK,
KOTTARAKKARA.P.O., KOLLAM, PIN - 691534

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BY ADV S.R.SREEJITH

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RESPONDENT:

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

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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. 3765 of 2024

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C.PRATHEEP KUMAR, J.

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Bail Application No.3765 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.46/2024 of the Chadayamangalam Excise Range Office, Kollam. The offences alleged against the petitioner are

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under Sections 55(i) & 67 B of the Kerala Abkari Act.

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The Prosecution case is that on 28.04.2024, at about 8 p.m, the accused was found in possession of 800 ml of Indian Made Foreign Liquor (IMFL). He was arrested on the same day and he is custody till then.

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According to the learned counsel for the petitioner, this is a false 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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B.A. No. 3765 of 2024

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The case against the petitioner is that, on 28.4.2024, he was found in possession of 800 ml of IMFL. In the crime and occurrence report, there is no specific allegation that the petitioner had possessed the above IMFL for the purpose of sale.

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Considering the fact that the petitioner is in judicial custody since 28.04.2024, 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, 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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B.A. No. 3765 of 2024

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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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rmm/7.5.2024

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B.A. No. 3765 of 2024

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APPENDIX OF BAIL APPL. 3765/2024

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PETITIONER ANNEXURES

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Annexure A1TRUE COPY OF THE REMAND REPORT OF THE
CRIME NO. 46/2024 OF CHADAYAMANGALAM
EXCISE RANGE OFFICE, KOLLAM DISTRICT,
DATED 28/4/2024

Deepesh Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Deepesh Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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