Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 30TH DAY OF JUNE 2023 / 9TH ASHADHA, 1945 (Crime No.89/2021 of Bediduka Excise Range Office, Kasargod) PETITIONER/S: SUJITH K AGED 29 YEARS S/O. KRISHNA MANIYANI, KILLINGAR HOUSE, KADAKANCHI DESOM NEERCHAL VILLAGE, KASARAGOD,, PIN - 671321 BY ADVS. RESHMA E. O.MINCY ANAKHA KRISHNA RESPONDENT/S: 1 STATE OF KERALA STATE OF KERALA - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 2 THE STATION HOUSE OFFICER THE STATION HOUSE OFFICER, (CRIME NO. 89 OF 2021 OF BADIADKA EXCISE OFFICE), KASARAGOD DISTRICT., PIN - OTHER PRESENT: T V NEEMA SRPP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
======================== B.A.No.4863 of 2023 ------------------------------------------------ Dated this the 30th day of June , 2023
ORDER
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioner is the sole accused in Crime No.89/2021 of Badiadka Excise Range Office, Kasaragode District. The offences alleged against the petitioner are under Section 58 of the Abkari Act, 1077.
3. According to the prosecution, on 17.07.2021, the accused was found in possession and transporting 8.64 litres of Indian Made Foreign Liquor meant for sale in Karnataka and thereby committed the offence alleged.
4. Smt.Reshma.E., learned counsel appearing for the petitioner submitted that the prosecution allegations are false and the incident as alleged had not occurred.
5. Smt.T.V.Neema, learned Public Prosecutor opposed the grant of bail and submitted that the petitioner fled from scene of occurrence and therefore, custodial interrogation is essential.
6. I have considered the rival contentions.
7. Petitioner is alleged to have committed the offence under
Section 58 of the Abkari Act, transporting of 8.64 litres of Indian Made Foreign Liquor meant for sale in Karnataka. He was not apprehended at the time of seizure
8. Considering the young age of the petitioner, I am of the view that limited custody of the petitioner would suffice the investigation. Accordingly, this application is allowed on the following conditions:
(a) Petitioner shall appear before the Investigating Officer on 06.07.2023 at 9.00 am and shall subject himself to interrogation.
(b) If after interrogation, the Investigating Officer proposes
to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.
(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is on bail. In case of violation of any of the above conditions, the jurisdictional
Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
BECHU KURIAN THOMAS JUDGE jm/ APPENDIX OF BAIL APPL. 4863/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF OCCURRENCE REPORT IN CRIME NO. 89 OF 2021 OF BADIADKA EXCISE OFFICE, KASARAGOD DISTRICT Annexure A2 A TRUE COPY OF THE ORDER DATED 13.06.2023 IN C.M.P. NO. 3149 OF 2023 OF THE IN THE COURT OF SESSIONS ,KASARAGOD DIVISION