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 CRIME NO.59/2021 OF CHATHANNOOR EXCISE RANGE, KOLLAM DISTRICT PETITIONER/ACCUSED: SHIBU AGED 42 YEARS S/O.PUTHRAN, PUTHUVALVILAPUTHENVEEDU, PAMPURAM KALUVATHUKKAL P.O., KOLLAM - 691 578. BY ADVS. M.KIRANLAL MANU RAMACHANDRAN T.S.SARATH R.RAJESH (VARKALA) SAMEER M NAIR RESPONDENT/COMPLAINANT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. BY ADV. SRI. SANTHOSH PETER, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application filed under Section 438 of the Cr.P.C. seeking anticipatory bail. The petitioner is the sole accused in Crime No. 59 of 2021 of Chathannoor Excise Ramge in Kollam district. The crime was registered alleging offence punishable under Sections 8(1) and 8(2) of the Abkari Act.
2. The genesis of the prosecution case is that on 02.06.2021
at 1.30pm, the Excise officials found eight litres of arrack having been kept in front of the residence of the petitioner. According to learned counsel for the petitioner, though the Excise Offical had made enquiries about the abandoned bag in his house, the petitioner had pleaded ignorant and his name and address were collected to make him a witness. Now only he understood that he has been made the accused; apprehending arrest, the petitioner has moved this Court under Section 438 Cr.P.C.
3. I heard the learned counsel on both sides.
4. According to learned counsel, the petitioner has no nexus
with the contraband and he does not have any criminal antecedents also. According to learned Public Prosecutor, on that day even though the petitioner was found in possession of the contraband, he was not arrested as he was sick and tired.
5. Now the contraband has been taken into custody and the
petitioner does not have any criminal antecedents to his credit. In the nature of the allegations, custodial interrogation cannot be insisted upon. Offence under Section 8(1) does not prescribe any statutory minimum substantive sentence, so that the embargo under Section 41A of the Abkari Act does not work against the petitioner. In the circumstances, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will 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; he 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 rps/