IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF AUGUST 2022/19TH SRAVANA, 1944
BAIL APPL. NO. 5827 OF 2022
CRIME NO.39/2020 OF BANDADUKKA EXCISE RANGE, KASARAGOD
PETITIONER:
SANTHOSH JOSEPH
AGED 45 YEARS, SON OF LATE JOSEPH,
MUNDIYANIKKAL VEEDU, SHANKARAMPADY.P.O,
KARIVEDAKAM VILLAGE, KASARAGOD TALUK AND
DISTRICT., PIN - 671541
BY ADVS.
A.ARUNKUMAR
HEERAKRISHNA T.H.
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SMT.SEETHA.S - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA. No.5827/2022
..2..
ORDER
Dated this the 10th day of August, 2022 This is an application for Anticipatory Bail.
2. The petitioner is the accused in Crime No.39/2020 of Bandadukka Excise Range, Kasaragod alleging commission of offences punishable under Sections 58 and 67 B of the Abkari Act.
3. The prosecution case is that, on 07-06-2020 at 11.00 hours in near to the house of Mathew John situated at the road leading to Paduppu from Anakkal in Karivedakam village the accused was found in possession of 8.64 liters of IMFL(meant for sale in Karnataka only) in a Honda Scooty bearing Registration No.KL 14 V 8658 and thereby committed the offences.
4. The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and he has no other criminal antecedents.
5. The learned Public Prosecutor submitted that it is a 2020 crime and the petitioner was not arrested in view of the BA. No.5827/2022 ..3..
covid-19 pandemic situation and further submitted that the petitioner has no other criminal antecedents.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant anticipatory bail to the petitioner subject to stringent conditions. In the result, this application is allowed. In the event of arrest of the petitioner in Crime No.39/2020 of Bandadukka Excise Range, Kasaragod, the petitioner shall be produced before the jurisdictional magistrate and shall be released on bail, subject to the following conditions:-
(i) Petitioner shall execute bond for a sum of Rs.25,000/- (Rupees twenty five 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.39/2020 of Bandadukka Excise Range, Kasaragod as and when summoned to do so;
(iii) Petitioner shall not attempt to interfere BA. No.5827/2022 ..4..
with the investigation or to influence or intimidate any witness in Crime No.39/2020 of Bandadukka Excise Range, Kasaragod;
(iv) 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.39/2020 of Bandadukka Excise Range, Kasaragod 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 ded/10.08.2022