Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 BAIL APPL. NO. 5945 OF 2023 CRIME NO.116/2023 OF SASTHAMCOTTAH EXCISE RANGE OFFICE, KOLLAM PETITIONER/SOLE ACCUSED: MANOJ AGED 31 YEARS S/O RAJAN, THADAVILAYIL HOUSE, SOUTH MYNAGAPPALLY, KUNNATHOOR TALUK, KOLLAM DISTRICT, PIN - 690519 BY ADVS. MANU RAMACHANDRAN R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON ABHISHEK JOHNSON M.KIRANLAL RESPONDENT/STATE: 1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE EXCISE RANGE INSPECTOR EXCISE RANGE OFFICE, SASTHAMCOTTA, KOLLAM DISTRICT, PIN - 690521 BY SRI. C.S. HRITHWIK, SR. P.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :
ORDER
Dated this the 31st day of July, 2023 This bail application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the sole accused in crime No.116/2023 of Excise Range Office, Sasthamcotta, Kollam. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Kerala Abkari Act.
3. The prosecution case is that, on 12.07.2023, at about
3.30 p.m., the petitioner was found in possession of 800 ml of arrack on the side of the road near Asharimukku Junction, Asharimukku-Karurkadavu Road, in Mainagapally Village. The crime was registered in such circumstances and the petitioner was arrested on the same day. This application for regular bail is submitted in such circumstances.
4. Heard Sri. Manu Ramachandran, the learned counsel appearing for the petitioner and Sri. C.S. Hritwik, the learned Senior Public Prosecutor for the State.
5. I have carefully gone through the records. It is true that
:3 : certain allegations are raised against the petitioner, particularly because he was found in possession of the contraband article. However, it is a fact that the petitioner is in custody since 12.07.2023 and there is substantial progress in the investigation. The quantity recovered from the possession of the petitioner is not huge. No criminal antecedents of the petitioner is also brought to my notice. In such circumstances, taking note of the period of detention the petitioner had already undergone and also the stage of investigation, I do not find any necessity of further incarceration of the petitioner. Accordingly, this bail application is allowed and the petitioner is directed to be released on bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for `1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall fully cooperate with the investigation.
(iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report. :4 :
(iv) The petitioner shall also appear before the Investigating Officer as and when required.
(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court.
(vi) The petitioner shall not commit any offence of like nature while on bail.
(vii) The petitioner shall not make any attempt to
contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. (viii) The petitioner shall not leave India without the permission of the trial Court.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd :5 : APPENDIX OF BAIL APPL. 5945/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE REMAND REPORT
DATED 12.07.2023 IN CRIME NO. 116 OF 2023 OF EXCISE RANGE OFFICE, SASTHAMCOTTA, KOLLAM DISTRICT SUBMITTED BEFORE JFMC, SASTHAMKOTTA Annexure A2 THE TRUE COPY OF THE ORDER DATED 13.07.2023 IN CRL.MP NO.2456/2023 BEFORE THE JFMC, SASTHAMKOTTA