Prasanth @ Kallingal Prasanth vs State Of Kerala

Gopinath P., J

This is an application for regular bail filed by the petitioner/accused in Crime No.198/2021 of Chathannoor Police Station, Kollam District. The allegation against the petitioner is that on 04-05-2021 at about 6.50 p.m the petitioner/1st accused along with the 2nd accused was found in possession of 40 litres of wash intended for distillation of arrack and 1.5 litres of arrack from a scooter parked in the residential house of the petitioner/1st accused at M.C Puram near Aradhana Club in Meenadu Village, Kollam District, in contravention of the provisions of the Abkari Act. It is alleged that the petitioner/1st accused and the 2nd accused fled from the scene and could not be arrested on 04-05-2021. Thereafter the petitioner/1st accused was surrendered on 02-09-2021 as per the directions of this court in B.A. No.4730/2021 and was remanded to judicial custody by the Judicial First Class Magistrate (Temporary) South Paravoor. The learned counsel for the petitioner would contend that the petitioner has been in custody from 02-09-2021 and is entitled to be released on bail especially considering the fact that he is not accused of any similar cases in the past. He also submits that this is not a case requiring any custodial interrogation.

The learned Public Prosecutor on instructions submitted that the petitioner is an accused in two other criminal cases; one registered under the provisions of Section 324 of the Indian Penal Code (IPC) and the provisions of the Arms Act and another under Section 308 of the IPC. He submitted that the petitioner is a habitual criminal and the release of the petitioner on bail will affect investigation of Crime No.198/2021 of Chathannoor Police Station.

Taking into account the submissions of the learned counsel for the petitioner and the learned Public Prosecutor I am of the opinion that the petitioner can be released on bail subject to strict conditions, taking into consideration of the fact that the contraband has already been seized and also considering the fact that the petitioner has been custody from 02-09-2021. Custodial interrogation is not necessary in the facts of the this case. Hence this application for regular bail is allowed. The petitioner/1st accused in Crime No.198/2021 of Chathannoor Police Station in Kollam District shall be released on bail subject to the following conditions;

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- with two solvent sureties each for a like sum to the satisfaction of the Judicial First Class Magistrate (Temporary) South Paravoor;

(ii) The petitioner shall appear before the investigating officer in Crime No.198/2021 of Chathannoor Police Station as and when called upon to do so;

(iii) The petitioner shall not influence any witness in Crime No.198/2021 and shall also not interfere with the investigation into that crime in any manner;

(iv) The petitioner shall not involve in any other criminal activity while on bail.

If any of the above said conditions are violated, it is open to the investigating officer to move the J.F.C.M Court (Temporary) South Paravoor for cancellation of the bail granted by this court.