Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 27TH DAY OF FEBRUARY 2023 / 8TH PHALGUNA, 1944 BAIL APPL. NO. 1121 OF 2023 CRIME NO.2/2023 OF KUTTANAD EXCISE RANGE OFFICE, ALAPPUZHA PETITIONER/ACCUSED: SUNOKUMAR @ SONAPPAN, S/O.MARYKUTTI AGED 36 YEARS VENADU (H), KAVALAM P.O, KAVALAM P/W-4, ALAPPUZHA, PIN - 688506 BY ADVS. JOHN VARGHESE SONU AUGUSTINE RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,PIN - 682031 2 EXCISE RANGE OFFICER KUTTANADU EXCISE RANGE, ALAPPUZHA DISTRICT, PIN - 688561 BY PUBLIC PROSECUTOR SMT.S. SANGEETHA RAJ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 1121 OF 2023 2
ORDER
Dated this the 27th day of February, 2023 This is an application for anticipatory bail, filed by the petitioner, who is the sole accused in Crime No.2/2023 of Kuttanad Excise Range Office, Alappuzha.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
3. I have perused the relevant records.
4. The allegation of the prosecution is that, at 1.00 p.m. on
5.1.2023, the accused was found possessing 1.5 litre of Indian Made Foreign Liquor, against the prohibitions contained in the Kerala Abkari Act, by storing the said contraband, which was meant for the purpose of sale in Pondicherry. It is on this premise, the prosecution alleges commission of offences punishable under Sections 55(a) and 58 of the Kerala Abkari Act.
5. It is submitted by the learned counsel for the petitioner that the
petitioner is innocent. According to him, the wife of the petitioner has been BAIL APPL. NO. 1121 OF 2023 3 working in Taliparamba, near Maahi, a place within the union territory of Pondicherry and 1.5 litre of Indian Made Foreign Liquor purchased and brought by the wife, for the purpose of self use, was recovered. According to the learned counsel for the petitioner, since the complicity of the petitioner in this matter is much less, he may be released on anticipatory bail and he is ready to abide by any conditions, as a pre-requisite for grant of anticipatory bail.
6. Whereas, the learned Public Prosecutor opposed bail and
submitted that, possessing illicit liquor, in violation of the restrictions contained in the Kerala Abkari Act, is an offence and therefore, keeping 1.5 litre of Indian Made Foreign Liquor meant for sale in Pondicherry, by a person in Kerala, without any authority, at his residence in Kerala, is also an offence. Therefore, the prosecution case is well made out. Thus, arrest and custodial interrogation are necessary.
7. Eventhough, it could not be held at this stage that, the
petitioner has not committed any offence, as alleged by the learned counsel for the petitioner, it is discernible that, the contraband is only 1.5 litre of Indian Made Foreign Liquor, the same is already recovered. Thus, BAIL APPL. NO. 1121 OF 2023 4 recovery already effected and the investigation, necessitating custody of the petitioner is practically over. Therefore, in the interest of justice, the petitioner can be enlarged on bail, with specific direction to subject himself for interrogation for the purpose of investigation. Accordingly, the bail application stands allowed and the petitioner can be enlarged on bail, on the following conditions:
i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself. ii. On such production, jurisdictional court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by himself and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court. iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.
BAIL APPL. NO. 1121 OF 2023 5 iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner. v. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted. Sd/- A. BADHARUDEEN JUDGE Bb //TRUE COPY// PA TO JUDGE