IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 9TH DAY OF JANUARY 2013 19TH POUSHA 193 Bail Appl..No. 8941 of 2012 () ------------------------------ CRIME NO. 94/2012 OF AMARAVILA EXCISE RANGE, THIRUVANANTHAPURAM ---------------- PETITIONER/ACCUSED : ------------------------------------ PRAMOD, S/O.ASHOKAN, AGED 3 YEARS, KADAYARA PUTHEN VEEDU, VAZHAVILA AYAYIL DESOM PERUNKADAVILA VILLAGE, NEYYATTINKARA TALUK BY ADV. SRI.R.GOPAN RESPONDENTS / COMPLAINANT(S): ---------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
2. TH EXCISE INSPECTOR, AMARAVILA EXCISE RANGE, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-01-2013, ALONG WITH BA NO. 8994/2012 & BA NO. 8997/2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn P.BHAVADASAN, J.
---------------------------------------------------- BA Nos.8941, 8994 & 8997of 2012 ---------------------------------------------------- Dated this the 9th day of January 2013 Order The petitioner is involved in Crime Nos.94/12, 23/12 and 104/12 of Amaravila Excise Range for having found in possession of 3 litres, 2 litres and 4 litres of arrack respectively, in violation of the provisions of the Kerala Abkari Act and was booked for the offence punishable under S.8 of the said Act. The learned counsel for the petitioner submits that after the filing of one of the cases, the other two cases have been foisted against him. It is also submitted that the petitioner is totally innocent and has been implicated with ulterior motives. In all the three cases, he was remanded to judicial custody on 16.11.2012 and a good part of the investigation must have been completed by now. So, his continued custody is unnecessary. He, therefore, seeks bail.
2. The learned Public Prosecutor pointed out that there are materials to show that contraband goods were seized from the possession of the petitioner. It is also pointed out that the petitioner is involved in 9 other crimes and that he is a BA 8941.8994 & 8997/12 2 habitual offender.
3. On going through the CD made available for perusal by the learned Public Prosecutor, the claim of the petitioner that he is totally innocent, cannot be countenanced. But the fact remains that he has been in custody from 16.11.2012 onwards and a good part of the investigation must have been completed by now. So, the continued custody of the petitioner is felt to be unnecessary. The applications are accordingly allowed and the petitioner shall be released on bail, subject to the following conditions :
1. The petitioner shall, in each case, execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM-I, Neyyattinkara.
2. The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties, before granting bail to the petitioner.
3. The petitioner shall report before the Investigating Officer on every Monday between 9 am and 10 am, till final report is filed. BA 8941.8994 & 8997/1”
4. The petitioner shall not commit similar offence while he is on bail in these cases.
5. The petitioner shall not leave the State of Kerala without getting prior permission from the JFCM concerned.
6. The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.
7. If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned on being satisfied of the said fact, may take such action as available to him in law. P.Bhavadasan, Judge sta BA 8941.8994 & 8997/12 4