IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
BAIL APPL. NO. 3446 OF 2022
PETITIONER:
RAVI. D
AGED 40 YEARS
S/O RAMACHANDRAN, DARBHATHADUKKA VEEDU, DARBHATHADUKKA
DESOM, THEKKIL VILLAGE, KASARAGODE, PIN - 671324
BY ADVS.
T.G.RAJENDRAN
T.R.TARIN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE EXCISE INSPECTOR
KASARAGODE EXCISE RANGE, KASARAGODE, PIN - 671121
BY ADV PUBLIC PROSECUTOR
SMT SREEJA V- SR P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.05.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3446 of 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3446 of 2022
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Dated this the 6th 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.87/2022 of Kasargode Excise Range registered alleging offences punishable under Section 58 of the Abkari Act.
3.The prosecution case is that on 01.08.2020 at 1.15 pm, the accused was found in possession of 3.780 liters of Indian made foreign liquor meant for sale in State of Karnataka.
4. Heard counsel for the petitioner and the Public Prosecutor. The Counsel for the petitioner submitted that the petitioner is in custody from 22.04.2022. The Counsel submitted that even if the entire allegations are accepted, the offence under Section 58 of the Abkari Act is not attracted. The Counsel B.A.No.3446 of 2022 3 submitted that the petitioner is ready to abide any conditions, if this Court grant bail to him. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner is involved in another similar case. This court considered the rival contentions. After hearing both sides and considering the fact that the petitioner is in custody from 22.04.2022, I think this bail application can be allowed 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 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 B.A.No.3446 of 2022 4 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 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.
B.A.No.3446 of 2022 5
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 and Fridays at 10 am till 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.3446 of 2022 6 APPENDIX OF BAIL APPL. 3446/2022 PETITIONER ANNEXURES Annexure1 COPY OF THE ORDER IN CMP NO. 1026/2022 ON THE FILE OF THE JFCM - 1, KASARAGODE DATED 27.4.2022