Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 BAIL APPL. NO. 339 OF 2022 CRIME NO.2992/2021 OF KOTTARAKKARA POLICE STATION AGAINST THE ORDER IN CMP 22/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA PETITIONER/ACCUSED : RENJITH AGED 42 YEARS S/O.RAGHAVAN NAIR, KARTHIK BHAVAN, KADAPPATTOOR, LALAM VILLAGE, PALA DESAM, KOTTAYAM DISTRICT (NOW RESIDING AT RENTED HOUSE KARTHIK BHAVAN, VAYAKKALMURI, VALAKOM VILLAGE). BY ADV ALEXANDER GEORGE RESPONDENT/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 013. 2 THE SUB INSPECTOR OF POLICE KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, PIN - 691 506. OTHER PRESENT: SMT. SEETHA .S. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.339/2022 2
ORDER
This is an application for regular bail.
2. The petitioner is the sole accused in Crime No.2992/2021 Kottarakkara Police Station alleging commission of offences under Sections 55(a) and 55(i) of the Kerala Abkari Act.
3. The allegation against the petitioner is that on 31.12.2021 at about
8.15 p.m., the petitioner was found in possession of 17 litres of Indian Made Foreign Liquor in his shop within the limits of Ummannoor Grama Panchayath, which was allegedly kept for the purposes of sale.
4. The learned counsel for the petitioner submits that the petitioner
is absolutely innocent in the matter. It is submitted that the petitioner had not kept any foreign liquor for sale as alleged by the prosecution. It is submitted that the petitioner has been in custody from 31.12.2021 and his continued detention is not necessary for the purposes of any investigation.
5. I have heard the learned Public Prosecutor also.
6. The learned Public Prosecutor points out that almost 17 litres of
Indian Made Foreign Liquor were seized from the possession of the petitioner. It is submitted that the officials had received clear information that the petitioner was engaging in illegal sale of Indian Made Foreign Liquor in his shop and the raid was conducted on the basis of such information. It is submitted that the petitioner is not entitled to be released on bail.
7. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 31.12.2021
B.A.No.339/2022 3 and also considering the fact that his continued detention is not necessary for the purposes of further investigation into the matter, I am of the opinion that the petitioner can be granted bail subject to conditions.
8. In the result this 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.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 in Crime No. 2992/2021 Kottarakkara Police Station on every Saturday at 11 a.m until filing of final report;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.2992/2021 Kottarakkara Police Station;
(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.2992/2021 Kottarakkara Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE acd