Kerala High Court
Udayakumar.B vs State Of Kerala on 16 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
BAIL APPL. NO. 2716 OF 2024
CRIME NO.173/2024 OF Kasaragod Police Station, Kasargod
AGAINST THE ORDER DATED 18.03.2024 IN CMP NO.358 OF 2024 OF
THE JUDICIAL FIRST CLASS MAGISTRATE-II, KASARAGOD
PETITIONER/ACCUSED NO.1:
UDAYAKUMAR.B
AGED 34 YEARS
S/O.BABU, K.K.PURAM HOUSE, CHOWKI, KUDLU VILLAGE,
KASARAGOD TALUK, KASARAGOD DISTRICT, PIN - 671121
BY ADVS.
A.ARUNKUMAR
S.SHYAM KUMAR
SACHIN GEORGE ARAMBAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SRI.PRASHANTH M.P., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.2716 of 2024 2
P.V.KUNHIKRISHNAN, J.
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B.A.No.2716 of 2024
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Dated this the 16th day of of April, 2024
O R D E R
Petitioner is the 1st accused in Crime No.173/2024 of Kasaragod Police Station. The above case is registered alleging offences punishable under Section 58 of the Abkari Act I of 1077.
2. The prosecution case in brief is that on 28.02.2024 at 10 p.m the accused was found in possession of 408 tetra packets each having a capacity of 180 ML of Liquor meant for sale in state of Karnataka near Vishnumangalam temple road situated at Kudlu Village. The petitioner was arrested on 28.02.2024.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner B.A. No.2716 of 2024 3 submits that the petitioner is in custody from 28.02.2024 onwards. It is submitted that the petitioner is ready to abide any conditions, if this Court release him on bail.
5. The learned Public Prosecutor seriously oppose the bail application. The learned Public Prosecutor submits that huge quantity of Indian Made Liquor was seized from the petitioner. It is true that the allegation against the petitioner is very serious. The quantity of the liquor seized from the petitioner will come around 86.4 Liters. But it is a fact that the petitioner is in custody from 28.02.2024 onwards. Considering the facts and circumstances of the case, I think that this bail application can be allowed with stringent conditions.
6. Moreover, it is a well accepted principle that the bail is the rule and the jail is the B.A. No.2716 of 2024 4 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.
7. 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:
i. 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.
ii. The petitioner shall appear before the B.A. No.2716 of 2024 5 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.
iii. Petitioner shall not leave India without permission of the jurisdictional Court.
iv. Petitioner shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected.
v. The petitioner shall appear before the Investigating Officer on all Mondays at 10 a.m till final report is filed.
vi. If any of the above conditions are violated by the petitioner, the jurisdictional B.A. No.2716 of 2024 6 Court can cancel the bail in accordance to law, even though the bail is granted by this Court.
Sd/-
P.V.KUNHIKRISHNAN JUDGE sp/16/04/2024 B.A. No.2716 of 2024 7 APPENDIX OF BAIL APPL. 2716/2024 PETITIONER'S EXHIBITS:-
Annexure AI A TRUE COPY OF THE ORDER DATED 18-03-2024 IN C.M.P.NO.358 OF 2024 OF JFCM-I, KASARAGOD.