Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, BAIL APPL. NO. 9384 OF 2023 CRIME NO.80/2023 OF KATTAKKADA EXCISE RANGE OFFICE, THIRUVANANTHAPURAM PETITIONER/ACCUSED: RAJU, AGED 50 YEARS, S/O. MADHAVI, ANANDHAKRIPA, PARUTHENPARA,CHOWALLOOR, VILAPPIL VILLAGE,VILAPPILSALA P.O, KATTAKADA TALUK, THIRUVANANTHAPURAM, PIN - 695573. BY ADVS.M/S.S.V.RAJAN, SREENA B.S., SHIBI.K.P., SWETHA P. DILEEP, S.HEMANTH SANTHOSH & KAILAS NATH RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031. 2 EXCISE INSPECTOR, EXCISE RANGE OFFICE, KATTAKADA EXCISE ENFORCEMENT AND ANTI NARCOTIC SQUAD, THIRUVANANTHAPURAM, PIN - 695543. SRI. P.G. MANU (MAMMALASSERY), SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P, J.
================================ B. A. No. 9384 of 2023 ================================ Dated this the 1st day of November, 2023
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No. 80/2023 of Kattakada Excise Range Office, Thiruvananthapuram, for having committed offences punishable under Sections 67B & 55(i) of the Abkari Act.
3. The prosecution case is that, on 1.10.2023 at 8.15 A.M., the
petitioner was found in possession of 10 litres of Indian Made Foreign Liquor in the autorickshaw bearing Reg.No.KL 74 A 3154 near Salvation Army Church, Paruthenpara for sale in contravention of the provisions of the Abkari Act and thereby, the petitioner has committed the offences mentioned above.
4. The learned counsel appearing for the petitioner would submit that
the petitioner is innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 1.10.2023, and the continued custody of the petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail.
6. After having considered the submissions of the learned counsel for
the petitioner and learned Public Prosecutor and considering the nature of the offences committed by the petitioner and the fact that he has been in custody since 1.10.2023 and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioner shall report before the Investigating Officer as and when directed.
(iii) The petitioner shall not tamper or attempt to tamper with the
evidence or influence or try to influence the witnesses; (iv)The petitioner shall not be involved in any other crime while on bail. If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law. Sd/- MOHAMMED NIAS C.P JUDGE MMG APPENDIX OF BAIL APPL.NO.9384/2023 PETITIONER'S ANNEXURES: ANNEXURE -A1 THE TRUE - COPY OF THE CRIME AND
OCCURRENCE REPORT DATED 01/10/2023 PREPARED BY THE 2ND RESPONDENT IN EXCISE CRIME NO. 80/2023 OF EXCISE RANGE OFFICE, KATTAKKADA, THIRUVANANTHAPURAM,
ANNEXURE -A2 THE CERTIFIED TRUE COPY OF THE ORDER
DATED 05/10/2023 PASSED THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKADA IN CMP NO. 5876/2023 IN EXCISE CRIME NO. ANNEXURE -A3 THE TRUE-COPY OF THE INSPECTION MEMO DATED 01/10/2023 IN CRIME NO. 5876/2023 ANNEXURE -A4 THE TRUE-COPY OF THE DISCHARGE CARD/DISCHARGE SUMMARY DATED 22/07/2023 ISSUED TO THE PETITIONER FROM THE HEALTH SERVICE DEPARTMENT OF KERALA, CHC, VILAPPILSALA, THIRUVANANTHAPURAM,