Kerala High Court
Jijomon K.G 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. 3044 OF 2024
CRIME NO.21/2024 OF CHERPPU EXCISE RANGE OFFICE, THRISSUR
PETITIONERS/ACCUSED NOS.1 AND 2:
1 JIJOMON K.G,
AGED 40 YEARS
S/O.GOPALAN, KALLINGAL HOUSE, PERINCHERRY P.O, CHEVOOR,
THRISSUR DISTRICT, PIN - 680306
2 YADHUKRISHNAN E.S,
AGED 28 YEARS
S/O.SUNILKUMAR, ENGOOR HOUSE,CHERUKUNNU, PUTHOOR P.O,
THRISSUR DISTRICT., PIN - 680014
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, KOCHI., PIN - 682031
SRI.PRASHANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3044 of 2024
2
P.V.KUNHIKRISHNAN,J.
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B.A.No.3044 of 2024
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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 petitioners are accused nos.1 & 2 in Crime No.21/2024 of Cherppu Excise Range Office, Thrissur. The above case is registered against the petitioners alleging offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act.
3. The prosecution case is that, on 28.03.2024 at 8.00 pm, the accused were found in possession of 60 litres of arrack. The petitioners were arrested on 28.03.2024.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The counsel for the petitioners submitted that there is no criminal antecedents against the petitioners and they are in custody from 28.03.2024. The Public Prosecutor opposes the bail application. But, the Public Prosecutor B.A.No.3044 of 2024 3 concedes that no criminal antecedent is reported against the petitioners.
6. Considering the facts and circumstances of the case and also considering the fact that the petitioners are in custody from 28.03.2024, this bail application can be granted 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 decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:
1. Petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the B.A.No.3044 of 2024 4 satisfaction of the jurisdictional Court.
2. 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 from disclosing such facts to the Court or to any police officer.
3. Petitioners shall not leave India without permission of the jurisdictional Court.
4. 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. Petitioners 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 petitioners, 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 bng