Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 BAIL APPL. NO. 5323 OF 2021 IN CRIME NO.88/2021 OF VARKALA EXCISE RANGE PETITIONER/ACCUSED: JAYAKUMAR R., AGED 42 YEARS S/O.RAGHUNATHAN, THOTTATHIL VEEDU, KIZHAKKANELA, PULLIYOORKONAM, MADAVOOR, THIRUVANANTHAPURAM, KERALA - 695 604. BY ADV M.R.SARIN RESPONDENTS: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. SR.PP - SRI. SANTHOSH PETER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
The sole accused in Crime No.88/2021 of Varkala Excise Range is before this Court under Section 438 of the Criminal Procedure Code, seeking anticipatory bail.
2. It is a crime registered under Section 55(i) of the Abkari Act after seizing 24 litres of Indian Made Foreign Liquor from near the residence of the petitioner.
3. According to the learned counsel for the petitioner, the petitioner has no nexus with the contraband, he has been implicated merely for the reason that the item was seized from near his house.
4. On the other hand, the learned Public Prosecutor submits
that, when the Excise party intercepted the petitioner, he ran away from the place leaving the contraband. Any how, he does not have criminal antecedents to his credit.
5. Now the contraband has been seized under a mahazar and
the petitioner does not have criminal antecedents to his credit. In the nature of the allegations, his custodial interrogation will not serve any purpose. Moreover, offence under Section 55(i) of the Abkari Act does not prescribe any statutory minimum substantive sentence and
hence the embargo under Section 41A of the Abkari Act cannot be attracted. Therefore, the petitioner is at liberty to surrender before the Investigating Officer within ten days from today and make himself available for interrogation. In the event of arrest, he 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 Investigating Officer; shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail. Bail application is allowed as above. Sd/- K.HARIPAL JUDGE Jms/29.07 //True Copy// P.A to Judge