IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4608 of 2007()
1. K.S.PRASAD, AGED 39 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.R.ARUN RAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :01/08/2007
O R D E R
R. BASANT, J.
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B.A. Nos.4608 & 4609 OF 2007
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Dated this the 1st day of August, 2007
ORDER
Applications for regular bail. The common petitioner is
alleged to have committed the offences under the Kerala
Abkari Act. On two occasions – 9/12/05 and 30/9/06, the
petitioner is alleged to have been found with 5 litres of arrack
each. He is the 2nd accused in both the crimes. He was not
arrested at the scene. The allegation is that he had taken to
his heels and could not be apprehended at the time of
detection. The petitioner was not arrested till 16/7/07. The
petitioner surrendered on that day. He continues in custody
from that date.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent of the allegations levelled
against him. The petitioner had run into rough weather with
the local police and Excise officials. He was obliged to come
B.A. Nos.4608 & 4609 OF 2007 -: 2 :-
before this Court and seek directions. By order dated 20/9/06 in
W.P.(c) No.22682/06, another Bench of this Court had directed
that the complaints filed by the petitioner before the
Superintendent of Police, Kollam, and Excise Commissioner,
Trivandrum, must be enquired into effectively and the same
must be disposed of at the earliest. According to the petitioner,
on his complaint, an Assistant Sub Inspector of Police of the
local police had been convicted by the Vigilance Court and the
police and the Excise officials are colluding with each other
thereafter to vex and harass the petitioner. The enquiry which
was directed under Annexure-A has not been completed yet.
These cases and other similar cases have been filed against the
petitioner with the transparent intention of vexing and harassing
him. In these circumstances, the petitioner may be granted
regular bail now he having remained in custody from 16/7/07.
3. Notice was given to the learned Public Prosecutor. The
learned Public Prosecutor does not oppose the applications. But
notwithstanding the opposition, I am satisfied, in the peculiar
facts and circumstances of this case, that the petitioner, who has
remained in custody from 16/7/07, can now be enlarged on bail
under Sec.41A subject, of course, to appropriate conditions.
The Investigator can be given some further time to complete the
B.A. Nos.4608 & 4609 OF 2007 -: 3 :-
investigation also.
4. In the result:
(a) These applications are allowed. The petitioner shall be
released on bail on the following terms and conditions:
(i) The petitioner shall not be released from custody on the
strength of this order prior to 8/8/07. The Investigator shall, in
the meantime, make every endeavour to complete the
investigation.
(ii) The petitioner shall execute a bond for Rs.25,000/-
with two solvent sureties each for the like sum to the satisfaction
of the learned Magistrate.
(iii) The petitioner shall make himself available for
interrogation before the Investigating Officer as and when
directed by the Investigating Officer in writing to do so.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
B.A. Nos.4608 & 4609 OF 2007 -: 4 :-
(R. BASANT, JUDGE)
Nan/