Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 CRIME NO.45 OF 2020 OF PAPPINISSERI EXCISE RANGE, KANNUR DISTRICT PETITIONER/ACCUSED: O.V.ANEESH AGED 38 YEARS S/O.LATE NANU,ODAM VALAPPIL,CHALIL, POST ARON,PAPPINISSERI,KANNUR TALUK. BY ADVS. S.SHARATH P.R.INDIRAKUTTY RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682 031 BY SMT. SEETHA .S. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No.45 of 2020 of
Pappiniseri Excise Range, Kannur District, alleging commission of offence under Section 8(1) read with Section 8(2) of the Abkari Act. The allegation against the petitioner is that he was found in possession of about 8 liters of arrack in a bus stop at about 06.30PM on 19.05.2020. It is alleged that the petitioner ran away from the spot on seeing the Excise party and he was, thereafter, identified with the help of the locals.
3. The learned counsel appearing for the petitioner would
submit that the petitioner is absolutely innocent in the matter and has been roped in on the basis of some misunderstanding. It is submitted that on the alleged date of incident, which is 19.05.2020, there was a complete lock down in the State and it is unimaginable that the petitioner could be standing in a bus stop with 8 liters of arrack as alleged by the prosecution. It is submitted that, at any rate, the custodial interrogation of the petitioner is not necessary in the facts and circumstances of the case.
4. Heard the learned Public Prosecutor also. The learned
Public Prosecutor points out that the petitioner was correctly identified by the Excise team with the help of the locals. It is submitted that the fact that there was a National lock down on 19.05.2020, does not in any manner indicate that the petitioner was not in the bus stop in question with 8 liters of arrack as alleged by the prosecution. However, it is admitted that there are no criminal antecedents in so far as the petitioner is concerned.
5. Having regard to the facts and circumstances of the
case and considering the fact that no criminal antecedents have been reported against the petitioner and also considering the fact that his custodial interrogation may not be necessary for a proper investigation into Crime No.45 of 2020 of Pappiniseri Excise Range, Kannur District, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.
6. In the result, this application is allowed and it is
directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.45 of 2020 of Pappiniseri Excise Range, Kannur District, subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;
(ii) The petitioner shall appear before the investigating officer in Crime No.45 of 2020 of Pappiniseri Excise Range, Kannur District, whenever called upon to do so;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.45 of 2020 of Pappiniseri Excise Range, Kannur 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.45 of 2020 of Pappiniseri Excise Range, Kannur District, may file an application before the Jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE DK