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. 3216 OF 2022
PETITIONER/S:
BAIJU @ KUTTAPPAYI
AGED 50 YEARS
SON OF VELAYUDHAN,
VELIKKAKATHU HOUSE, THAMMANAM P.O.,
POONITHURA VILLAGE, KANAYANNOOR TALUK,
ERNAKULAM DISTRICT, PIN - 682032
BY ADVS.
P.V.ANILKUMAR
D.SARITHA
KEERTHI PRIYA A.
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
ADV SREEJA V- SR P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.3216 of 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3216 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 one of the accused in Crime No.36 of 2022 of Excise Range Office, Aluva, Ernakulam. The above case is registered alleging offences punishable under Sections 55(a), 67 B and 12 C r/w 55 C of the Abkari Act. The petitioner was arrested on 30.03.2022 by Excise Inspector alongwith a second accused.
3. The prosecution case is that the petitioner and the second accused was found transporting 40 cans, each containing 35 liters of spirit kept in the goods carrier of an Asok Leyland B.A.No.3216 of 2022 3 vehicle and upon their confession as to the source of the spirit, the Excise Circle Inspector and party were taken to JK Enterprises at Edayar, Binalipuram belonging to the first accused. Upon search of JK Enterprises, 194 cans each containing 35 liters of spirit were recovered from the secret underground chamber in the said company. Hence it is alleged that the petitioner has committed the offence.
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner has not committed any offence. No contraband is seized from the petitioner. The Counsel also submitted that the first accused has already been granted bail from this Court as per the order dated 26.04.2022 in BA No.3182/2022. The Public Prosecutor seriously opposed bail petition. The Public Prosecutor also submitted that the petitioner committed serious offence. But it was conceded that the first accused is granted bail. It is true that the allegation against the petitioner is very serious. But the B.A.No.3216 of 2022 4 first accused in this case is already released on bail by this Court as per the order in BA No.3182/2022. Serious allegation is against the first accused. In the light of the same, there is no justification in detaining the petitioner indefenitely.
5. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme 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 B.A.No.3216 of 2022 5 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 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 they are accused, or suspected, of the commission of which they suspected.
B.A.No.3216 of 2022 6
5. The petitioner shall appear before the Investigating Officer on every sunday between 10 am and 11 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.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE Nsd B.A.No.3216 of 2022 7 APPENDIX OF BAIL APPL. 3216/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE TRIP SHEET OF SURYAKANTHI TOURS AND TRAVELS DATED 22.3.2022 Annexure2 TRUE COPY OF THE COMPLAINT SUBMITTED BY PETITIONER'S WIFE BEFORE THE EXCISE COMMISSIONER, KERALA STATE DATED 02/04/2022 Annexure3 TRUE COPY OF THE COMPLAINT DATED 18/4/2022 SUBMITTED BY PETITIONER'S WIFE BEFORE THE DGP, THIRUVANANTHAPURAM.
Annexure4 CERTIFIED COPY OF THE DISMISSAL ORDER DATED 16/4/2022 IN CRL.M.C.NO.850/2022 PASSED BY THE DISTRICT AND SESSIONS COURT,(VACATION JUDGE) ERNAKULAM