Devaki vs State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 BAIL APPL. NO. 4830 OF 2022 CRIME NO.99/2021 OF BADIADUKA EXCISE RANGE, KASARAGOD PETITIONER/ACCUSED: DEVAKI, AGED 51 YEARS BHARATHALAM, SHENI VILLAGE, MANJESHWAR TALUK, KASARAGOD, PIN - 671552 BY ADV KODOTH SREEDHARAN RESPONDENT/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 BADIADKA EXCISE RANGE OFFICE, THE EXCISE INSPECTOR, BADIADUKA EXCISE RANGE, KASARAGOD, PIN - 671121 OTHER PRESENT: SR.PP = SMT. SEETHA S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 4830 of 2022 2

VIJU ABRAHAM, J.

------------------- B.A. No. 4830 of 2022 ---------------------------------- Dated this the 29th day of July, 2022

ORDER

Application for anticipatory bail.

2. The petitioner is the accused in Crime No.99 of 2021 of Badiaduka Excise Range, registered alleging commission of offence punishable under Section 55(g) of Abkari Act.

3. The prosecution allegation is that on 17.8.2021 at 3.45 p.m, the excise party including the Inspector of Badiaduka while engaged in patrol duty had searched in a plantain farm behind the tiled house in Ward No.XIV/241 in the Ksheni Village, Enmakaje grama panchayath near Vaniyanpara road and

found    a    lady        trying   to     make     wash       in    a    plastic
samavar       in    the    plantain       farm.         The    Excise         party
could    not       arrest    the    lady,       because       she       ran   away
abandoning          the    materials       for    making        wash.           The

Excise party found 80 liters of wash in four plastic B.A. No. 4830 of 2022 3 samavar having capacity of 20 liters each and the aforesaid crime is registered against the petitioner for violating the provisions of the Abkari Act.

4. Petitioner submits that she has been falsely implicated in the above said crime and she has no

other criminal antecedents. Petitioner further submits that the crime which was registered in the year 2021 and she further submits that the search and seizure etc., are done in totally violation of the provisions of the Act.

5. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

6. The learned Public Prosecutor seriously opposed the application for bail mainly contending that a large quantity of wash was seized, but submitted that the petitioner has no other criminal antecedents.

7. Having regard to the facts and circumstances of the case, and considering the nature of the allegations against the petitioner, and considering the fact that the petitioner has no other criminal B.A. No. 4830 of 2022 4 antecedents, I am inclined to grant bail to the petitioner. The above bail application is allowed with the following directions. The petitioner shall

surrender before the investigating officer on 05.08.2022 and co-operate with the investigation. In the event of arrest of the petitioner in Crime No.99 of 2021 of Badiaduka Excise Range, the petitioner shall be produced before the jurisdictional Magistrate and shall be released on bail on the following conditions:

(i) The petitioner shall execute a bond for 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) Petitioner shall appear before the investigating officer in Crime No.99/2021 of Badiaduka Excise Range as and when summoned to do so;

(iii) Petitioner shall co-operate with the investigation and make herself available for interrogation whenever required;

(iv) Petitioner shall not tamper with any evidence;

(v) Petitioner shall not directly or B.A. No. 4830 of 2022 5 indirectly make any inducement, threat or promise to any witness acquainted with the

facts of the case so as to dissuade her

from disclosing such facts to the court or to any police officer;

(vi) 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.99/2021 of Badiaduka Excise Range, may file an application before the jurisdictional court for cancellation of bail. It is made clear that it is within the power of

the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663). sd/- VIJU ABRAHAM,JUDGE pm