IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
BAIL APPL. NO. 3316 OF 2022
CRIME NO.56/2022 OF Kumbala Excise Range Office, Kasargod
PETITIONER/S:
LAWRENCE CRASTA
AGED 54 YEARS
SON OF INAS CRASTA,
MAANITHADUKKA DESOM, KOODALMARKALA VILLAGE,
MANJESHWAR TALUK, KASARAGOD DISTRICT., PIN -
671321
BY ADV A.ARUNKUMAR
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BA No. 3316 of 2022
P.V.KUNHIKRISHNAN, J.
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B.A.No.3316 of 2022
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Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code.
2. Petitioner is the accused in Crime No.56 of 2022 of Kumbla Excise Range. The above case is registered against the petitioner alleging offences punishable under Section 58 of the Abkari Act and the petitioner was arrested on 14.04.2022 and he is in custody.
3.The prosecution case is that on 13.04.2022 at 5.45 pm, the accused was found in possession of 19.26 litres of Indian Made Foreign Liquor meant for sale in State of Karnataka from a shed near to the house of accused. Hence, it is alleged that the accused committed the offence.
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4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from 14.04.2022 onwards. The counsel submitted that the petitioner is ready to abide any condition if this Court grant him bail. The counsel for the petitioner also submitted that even going through the allegation as stated, the offence under Section 58 of the Act is not made out. The learned Public Prosecutor opposed the bail application. It is true that the allegation against the petitioner is serious. But the petitioner is in custody from 14.04.2022 onwards. The allegation against the petitioner is that excess quantity of Indian Made Foreign Liquor is seized from the petitioner. Considering the facts and circumstances of the case and also considering the period of detention, I think the petitioner can be released on bail on stringent conditions.
5. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme -4- BA No. 3316 of 2022 Court in Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.
6. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:
1. Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the -5- BA No. 3316 of 2022 facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
4. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. Petitioner shall appear before the Investigating Officer on all Mondays at 10 am till the final report is filed.
6. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -6- BA No. 3316 of 2022 APPENDIX OF BAIL APPL. 3316/2022 PETITIONER ANNEXURES Annexure AI A TRUE COPY OF THE ORDER DATED 22-04-
2022 IN C.M.P.NO.1007 OF 2022 OF THE JUDICIAL FIRST CLASS MAGISTRATE-I, KASARAGOD