Kerala High Court
Saneesh Simon 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. 3087 OF 2024
CRIME NO.128/2024 OF Rajapuram Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED 05.04.2024 IN CMP NO.1855 OF 2024
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/ACCUSED:
SANEESH SIMON
AGED 37 YEARS
SON OF K.M.SIMON, RESIDING AT KUNNATH HOUSE, MALAKALLU,
KALLAR VILLAGE, KASARAGOD DISTRICT, PIN - 671532
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
AISWARYA JAYAPAL
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
ADV. SEENA C - PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA NO. 3087 OF 2024
2
P.V.KUNHIKRISHNAN, J.
------------------------------
B.A.No. 3087 of 2024
----------------------------------------------
Dated this the 16th day of April, 2024
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code (Cr.P.C.)
2. The petitioner is the accused in Crime No.128 of 2024 of Rajapuram Police Station. The above case is registered against the petitioner alleging offences punishable under Section 55(i) of Abkari Act.
3. The prosecution case is that on 28.03.2024 at about 03.30 PM the accused was found in possession of 45.5 liters of Indian Made Foreign Liquor for the purpose of sale and was found engaged in the sale of the same and thereby committed the offence.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner is in custody from 28.03.2024 and even BA NO. 3087 OF 2024 3 if the allegations are accepted, the offence under Section 55(i) of the Abkari Act is Not made out. The Public Prosecutor seriously opposed the bail application.
6. After hearing both sides, I think this bail application can be allowed on stringent conditions. The allegation is that the petitioner was found in possession of Indian Made Foreign Liquor in excess quantity. The petitioner is in custody from 28.03.2024 onwards. He can be released on bail on stringent conditions.
7. 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.
8. Considering the dictum laid down in the above BA NO. 3087 OF 2024 4 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 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 he is suspected.
BA NO. 3087 OF 2024 5
5. The petitioner shall appear before the investigating officer on all Mondays 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
AP JUDGE