Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, BAIL APPL. NO. 4013 OF 2022 CRIME NO.48/2021 OF CHERPLUSSERY EXCISE RANGE OFFICE, Palakkad PETITIONER/ACCUSED: PARAMESWARAN AGED 48 YEARS S/O.KUNJAN, THEVERUPARAMBIL HOUSE, THRIKKADEERI P.O, OTTAPALAM, PALAKKAD DISTRICT., PIN - 679502 BY ADV NIREESH MATHEW RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT.P.P.SEENA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 3rd day of June, 2022. This is an application filed under Section 438 Cr.P.C.
2. The petitioner is the sole accused in O.R. No.48 of 2021 of Excise Circle Office, Ottappalam registered under Section 8 (1) and 8(2) of Kerala Abkari Act 1 of 1077.
3. The allegation is that on 21.05.2021 at about 5 P.M., the petitioner was found in possession of 2 liters of arrack near an electric post at Puthenthodu.
4. The learned counsel Sri. Nireesh Mathew appearing for the
petitioner submitted that though the petitioner was very much available, the Excise Officials did not arrest him. The learned Public Prosecutor submitted that investigation is over, and final report has been submitted. If so, the arrest and detention of the petitioner is not necessary for the purpose of investigation. The mahazar also shows the presence of the petitioner at the scene, but the Excise Officials did not arrest him obviously, due to Covid reasons. Since the investigation is over and final report has been filed, the petitioner need not be arrested or detained and hence this application can be allowed.
(i) The petitioner shall surrender before the jurisdictional magistrate within 2 seeks to seek regular bail.
(ii) Meanwhile in the event of arrest, the petitioner shall be
released on bail on executing bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer.
(iii) He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts
of the case so as to dissuade him from disclosing such
facts to the court or to any police officer.
(iv) He shall not tamper with the evidence.
(v)He shall not commit any offence while on bail. In case of violation of any of the above conditions, the Jurisdictional Magistrate is empowered to cancel the bail, in accordance with law. Sd/- SOPHY THOMAS JUDGE al/-