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. 3377 OF 2022
AGAINST THE ORDER/JUDGMENT IN CMP 724/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,KOTTARAKKARA
PETITIONER/S:
ANILKUMAR
AGED 50 YEARS
S/O GOPINADHAN,
SUNITHA MANDIRAM,
PATTANIMUKKU, ITTIVA VILLAGE,
KOTTARAKARA TALUK,
KOLLAM DISTRICT
, PIN - 691536
BY ADV K.V.ANIL KUMAR
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
, PIN - 682031
OTHER PRESENT:
ADV 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.3377 of 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3377 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.66 of 2022 of Chadayamangalam Excise Range. The above case is registered alleging offences punishable under Sections 8(1) and (2) and 55(g) of the Abkari Act.
3. The prosecution case is that on 15.04.2022 at 11.30 am, the accused was found in possession of 30 liters of wash and 2.3 liters of arrack for the purpose of sale.
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that petitioner is in custody from 15.04.2022. The Counsel also submitted that there is no criminal antecedents to the petitioner. B.A.No.3377 of 2022 3 The Counsel submitted that the petitioner is ready to abide any condition that this if Court grant him bail. The Public Prosecutor seriously opposed bail petition. It is true that the allegations against the petitioner is very serious. The Public Prosecutor also submitted that the petitioner committed serious offence. The petitioner is in custody from 15.04.2022 onwards. Considering the facts and circumstances of the case and also considering the period of detention, I think that 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 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. B.A.No.3377 of 2022 4
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 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 B.A.No.3377 of 2022 5 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.
5. The petitioner shall appear before the Investigating Officer on all Mondays and Fridays 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.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE Nsd B.A.No.3377 of 2022 6 APPENDIX OF BAIL APPL. 3377/2022 PETITIONER ANNEXURES Annexure-A A TRUE COPY OF THE ORDER DATED 25.04.2022 IN C.M.P. NO. 724 / 2022 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTARAKARA.