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 BAIL APPL. NO. 443 OF 2022 Crime No.2/2022 of Chalakudy Excise Range PETITIONER/ACCUSED: JIJO AGED 25 YEARS MADASSERYVEETTIL HOUSE, PEELARMUZHI DESOM, KUTTICHIRA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680724 BY ADVS. PRABHU K.N. MANUMON A. JAYAN KUTTICHAKKU RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SRI. M.C. ASHI (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.443/2022 -2-
ORDER
The petitioner is the sole accused in Crime No.2/2022 of Chalakudy Excise Range, Thrissur District alleging commission of offences under Sections 8 (1), (2) and 55 (g) of the Kerala Abkari Act.
2. The allegation against the petitioner is that he was found in possession of about 25 litres of arrack in his house situated with the limits of Kodassery Grama Panchayat.
3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and there was nothing to show that the arrack
was recovered from the possession of the petitioner. It is submitted that the petitioner had no connection with the arrack seized. It is submitted that the petitioner has no criminal antecedents and that the petitioner has been in custody from 11-01-2022 and the continued detention is not necessary for the purpose of any investigation in the matter.
4. I have heard the learned Public Prosecutor also. The learned Public
Prosecutor submits that the arrack in question was clearly recovered from the possession of the petitioner. It is submitted that the mother of the petitioner has given a statement which shows that the petitioner is involved in illicit distilling and sale of arrack. It is submitted that the petitioner is not entitled to bail
5. Having regard to the facts and circumstances of the case and
considering the nature of allegations against the petitioner and considering the fact that the continued detention of the petitioner may not be necessary for a proper investigation into Crime No.2/2022 of Chalakkudy Excise Range, I am of the view that the petitioner can be granted bail subject to conditions. B.A. No.443/2022 -3- 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.2/2022 of Chalakudy Excise Range on every Saturday at 11 am until filing of filing report in the aforesaid crime;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.2/2022 of Chalakudy Excise Range;
(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.2/2022 of Chalakudy Excise Range may file an application before the jurisdictional Court for cancellation of bail.
Sd/- GOPINATH P. JUDGE AMG B.A. No.443/2022 -4- APPENDIX OF BAIL APPL. 443/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE ORDER IN CRL.M.P.NO.243 OF 2022 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT CHALAKUDY DATED 13.01.2022