Full Judgment
BAIL APPL. NO. 455 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 BAIL APPL. NO. 455 OF 2022 CRIME NO.124/2021 OF Kuthuparamba Excise Range Office, Kannur PETITIONER/ACCUSED VIJESH AGED 40 YEARS S/O. KOTTAYI REMESAN, KAITHERI AMSOM, KUTHUPARAMBA, KANNUR DISTRICT - , PIN - 670701 BY ADVS. ROSIN JOSEPH MUHAMMED YASIL AMRITA ARUN AISWARIYA LEKSHMI LAL RESPONDENT/COMPLAINANT AND STATE
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - , PIN - 682031 2 EXCISE INSPECTOR (CRIME NO.124 OF 2021) EXCISE RANGE OFFICE,KUTHUPARMBA RANGE), KANNUR - , PIN - 670701 BY PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 455 OF 2022 2
ORDER
This is the second application preferred by the accused in Crime No.124 of 2021 of Excise Range Office, Kuthuparamba registered for the offences punishable under Sections 8(1), (2) and 67 of the Abkari Act.
2. The prosecution allegation is as follows: On 21.07.2021 at about 11.50 a.m the Excise Inspector of
Kuthuparamba and his team were on patrol duty and while they were proceeding through the public road, they happened to see an auto rickshaw bearing registration No.KL-58U-1509 proceeding on the opposite side without any passengers. On getting suspicion, they gave signal to stop the vehicle and the vehicle was stopped and on examination, it was found that the petitioner was in possession and transportation of illicit liquor of 30 litres by concealing the same in his auto rickshaw. When they were about to arrest him, he fled away from the spot by throwing away the key of the auto rickshaw to a nearby property. Since the contraband has been seized from the auto rickshaw, he has been booked for the aforesaid offences.
3. It is pertinent to note that this Court by an order dated BAIL APPL. NO. 455 OF 2022 3 06.09.2021 had dismissed the pre-arrest bail application submitted by him. While disposing of the said application this Court observed as follows:
“Considering the nature of accusation levelled against the petitioner, the quantity of the contraband seized by the sleuths, I do not think that this is a fit case in which pre-arrest bail can be granted as requested by the learned counsel for the petitioner. Therefore, this application deserves a dismissal and I do so.”
4. Though this application was disposed of on 06.09.2021 he
has not been apprehended by the investigating agency till date. The submission of the learned Public Prosecutor is that the case was originally registered by the excise officials of Kuthuparamba. Later the case was transferred to the Eratty Excise Range and now the Excise Inspector of Eratty Excise Range is conducting the investigation of the case and that is the reason for not apprehending him after disposal of the first application for pre- arrest bail. Considering the entire facts and circumstances involved in this case, I do not find it just and proper to allow this application. But the petitioner is directed to surrender before the Excise Inspector, Eratty Excise Range on 4.2.2021 between 10 a.m and 11.00. Upon BAIL APPL. NO. 455 OF 2022 4 his surrender after recording his arrest and interrogation he shall be produced before the jurisdictional Magistrate. The jurisdictional Magistrate shall consider his bail application, if any, on merits preferably on the very same day. With this observation this application is disposed of. Sd/- SHIRCY V JUDGE smm