Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 BAIL APPL. NO. 10272 OF 2022 Crime No.236/2022 of Adoor Excise Range Office, Pathanamthitta District, PETITIONER/ACCUSED: SANALKUMAR, AGED 44 YEARS S/O DAMODARAN NAIR, MANNIL PULICKAL VEEDU, MANNADITHAZHATHKARA, KADAMBANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691530. BY ADVS. K.SHAJ VINAYAK G MENON BHARAT VIJAY P. MAJID MUHAMMED K. MINU VITTORRIA PAULSON RESPONDENTS/COMPLAINANT : 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031. 2 THE EXCISE INSPECTOR ADOOR EXCISE RANGE OFFICE, PATHANAMTHITTA DISTRICT, PIN - 691554.
OTHER PRESENT: PP - M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 10272 OF 2022 2 VIJU ABRAHAM, J BA No.10272 of 2022 rd Dated this the 3 day of January 2023
O R D E R
This is an application for regular bail.
2. The petitioner is the accused in Crime No.236/2022 of Adoor Excise Range Office, Pathanamthitta District, alleging commission of offence punishable under Section 55(i) of the Kerala Abkari Act.
3. The prosecution allegation is that on 07/12/2022 at
8.20.pm, the accused person was found in possession of 2.4 litre of Indian Made Foreign Liquor, for the purpose of sale at Mannadi Thazhath Muri in Kadambanadu Village and a sum of rupees Two hundred was also seized from the accused and thereby the accused has committed the aforesaid offence.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime and he was arrested on 07.12.2022 and is in custody since BAIL APPL. NO. 10272 OF 2022 3 then.
6. The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner was found in possession of 2.4 litre of Indian Made Foreign Liquor, for the purpose of sale at Mannadi Thazhath Muri in Kadambanadu Village and a sum of rupees Two hundred was also seized from him.
7. Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 07.12.2022 onwards, I am inclined to grant bail to the petitioner but taking into consideration the seriousness of the allegation the same shall only be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like-sum to the satisfaction of BAIL APPL. NO. 10272 OF 2022 4 the jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No.236/2022 of Adoor Excise Range Office, Pathanamthitta District, as and when required for the purpose of investigation,
(iii) The petitioner shall not attempt to
interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.236/2022 of Adoor Excise Range Office, Pathanamthitta District,
(iv) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.236/2022 of Adoor Excise Range Office, Pathanamthitta District, may file an application before the jurisdictional court, for cancellation of bail. sd/- R.AV VIJU ABRAHAM, JUDGE