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. 3270 OF 2022
PETITIONER/S:
RAVI. D
AGED 39 YEARS
S/O. RAMACHANDRA, DARBATHADUKKA VEETTIL, DARBATHADUKA
DESOM, BELA VILLAGE, KASARAGODE, PIN - 671321
BY ADVS.
T.G.RAJENDRAN
T.R.TARIN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE EXCISE INSPECTOR
EXCISE RANGE OFFICE, KASARAGODE, PIN - 671121
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI VIPIN NARAYAN - SR P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3446B.A.No.3270 of 2022
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3270 of 2022
-------------------------------
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.70/2022 of Excise Range, Kasargod. The above case is registered alleging offence punishable under Section 58 of the Abkari Act.
3.The prosecution case is that on 11.04.2022 at 11.30 pm, the accused was found in possession of 6.660 liters of Indian made foreign liquor. It is alleged that it was manufactured from the State of Karnataka. The petitioner was arrested on 11.04.2022.
4. Heard counsel for the petitioner and the Public Prosecutor. The Counsel for the petitioner submitted that the petitioner is in custody from 12.04.2022 onwards. The Counsel 3446B.A.No.3270 of 2022 3 submitted that the petitioner is ready to abide any conditions if this Court grant bail to him. The Public Prosecutor opposed the bail petition. Considering the facts and circumstances of the case and also considering the fact that the petitioner is in custody from 11.04.2022 onwards, I think bail can be granted to the petitioner with 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 and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions: 3446B.A.No.3270 of 2022 4
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.
4. Petitioner shall not commit an offence similar to the offence of which he is accused, or 3446B.A.No.3270 of 2022 5 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 3446B.A.No.3270 of 2022 6 APPENDIX OF BAIL APPL. 3270/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE ORDER IN CMP NO. 892/2022 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE-1, KASARAGODE DATED 18.4.2022