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. 3470 OF 2022
PETITIONERS:
1 SATHEESH KUMAR
AGED 45 YEARS
AADUTHOOKKUVILA, MALAVILA 4-244, CHENKODI PO,
KANYAKUMARI, TAMILNADU., PIN - 629164
2 SUNDER RAJ
AGED 46 YEARS
S/O THANKARAJ, SARAL VILA, KUTTIKKADU, KUMARAPURAM
PO, KANYAKUMARI, TAMILNADU., PIN - 629301
BY ADVS.
C.R.JAYAKUMAR
NOBEL RAJU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE EXCISE RANGE INSPECTOR
EXCISE RANGE OFFICE, KOLLAM, PIN - 691001
ADV 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:
B.A.No.3470/2022
2
K
P.V.KUNHIKRISHNAN, J.
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B.A.No.3470 of 2022
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Dated this the 06th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code.
2. Petitioners are the accused in Crime No.59 of 2022 of Kollam Excise Range registered alleging offences punishable under Section 58 of the Abkari Act. Petitioners were arrested on 13.04.2022 and they are in custody.
3. The prosecution case is that on 13.04.2022 at about 4.50 pm, the accused were found in possession of 12.5 litres of Indian made foreign liquor and 2.25 litres of wine without any authority. Hence it is alleged that the accused committed the offence.
4. Heard counsel for the the petitioners and the Public Prosecutor. The counsel for the petitioners submitted that the petitioners are in custody from 13.04.2022 onwards. The counsel submitted that the petitioners are ready to abide any conditions if this Court grant them bail. The Public Prosecutor B.A.No.3470/2022 3 opposed the bail application. After hearing both sides, I think the continued detention of the petitioners are not necessary for the purpose of investigation. The petitioners can be directed to appear before the Investigating Officer till final report is filed. With the above condition, the bail application can be allowed.
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. The petitioners 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 B.A.No.3470/2022 4 jurisdictional Court.
2. The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners 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/her from disclosing such facts to the Court or to any police officer.
3. The petitioners shall not leave India without permission of the jurisdictional Court.
4. The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The petitioners 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 petitioners, the jurisdictional Court can cancel B.A.No.3470/2022 5 the bail in accordance to law, even though the bail is granted by this Court.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
B.A.No.3470/2022
6
APPENDIX OF BAIL APPL. 3470/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CRIME NO. 59/2022 OF
KOLLAM EXCISE RANGE OFFICE, KOLLAM.
Annexure A2 THE ORDER IN CMP NO. 789/2022 DATED 25/04/2022 ON THE FILES OF LEARNED JUDICIAL 1ST CLASS MAGISTRATE-II, KOLLAM.