Kerala High Court
Rajin Kumar vs State Of Kerala on 7 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 07TH DAY OF MAY 2021/17TH VAISAKHA, 1943
Bail Appl..No.3570 OF 2021
CRIME NO.59/2021 OF Kumbala Excise Range Office , Kasargod
PETITIONER/ACCUSED:
1 RAJIN KUMAR, AGED 23 YEARS,
K.V NILAYAM, VEERANAGAR DESOM,
MANGALPADY VILLAGE, MANJESWAR TALUK,
KASARAGOD DISTRICT-671 324
2 SANDEEP @ RAGHAVAN.M, AGED 33 YEARS
MUTTAM HOUSE, MUTTAM DESAM,
MANGALPADY VILLAGE, MANJESWAR TALUK,
KASARAGOD DISTRICT-671 324
BY ADV. SMT.HEMALATHA
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN-682 031
BY PUBLIC PROSECUTOR, SMT.M.K.PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No.3570 OF 2021
2
ORDER
This Bail Application filed under Section 439 of the Criminal
Procedure Code was heard through Video Conference.
2. Petitioners are the accused in Crime No. 59 of 2021 of
Kumbala Excise Range. The above case is registered against the
petitioners alleging offences punishable under Sections 58 and 67B of
the Kerala Abkari Act.
3. The prosecution case is that on 17.04.2021, at about
7.15 p.m., the accused was found in possession of 12.96 litres of Indian
Made Foreign Liquor in his motor bike bearing registration No.KL-14X-
362. Hence, it is alleged that the accused committed the offence.
4. Heard the learned counsel for the petitioners and the
learned Public Prosecutor. The learned counsel for the petitioners
submitted that even if the entire allegations are accepted, the offences
alleged against the petitioners are not made out. It is submitted that the
petitioners are in custody from 17.04.2021 onwards. The learned
counsel also submitted that the petitioners are ready to abide by any
condition if this Court grant bail to them. The learned Public Prosecutor
opposed the bail application.
5. After hearing both sides, I think that the bail application
can be allowed on stringent conditions. The allegation against the
petitioners is that they were found in possession of the Indian Made
Foreign Liquor in excess quantity. Whether offences under Sections 58
and 67B of the Abkari Act are made out or not is a matter to be
investigated by the Investigating Officer. I do not want to make any
observation about the merits of the case. Considering the facts and
circumstances of the case, I think this bail application can be allowed
on stringent conditions.
6. Moreover, the 2nd wave of COVID-19 is spreading in the
country and the citizens are facing serious difficulties. In the state of
Kerala, the 2nd wave of the pandemic is creating lot of problems and
even the day-to-day life of the citizens are affected. Everyday, about
25,000 people are tested positive with COVID-19. In such
circumstances, this Court has to consider this fact also while
considering bail applications. The life is more important than anything.
Therefore, I am considering this bail application based on the above
pandemic situation.
7. Moreover, considering the need to follow social
distancing norms inside prisons so as to avert the spread of the novel
Corona Virus Pandemic, the Hon'ble Supreme Court in Re: Contagion
of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C)
No.1 of 2020) and a Full Bench of this Court in W.P(C)No.9400 of
2020 issued various salutary directions for minimizing the number of
inmates inside prisons. These happened during the 1 st wave of COVID-
19 season.
8. 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.
9. 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 their
executing a bond for Rs.50,000/- (Rupees Fifty
Thousand only) each with two solvent sureties each for
the like sum to the 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
them 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 any offence
similar to the offence alleged in this case.
5. Petitioners shall strictly abide by the various
guidelines issued by the State Government and Central
Government with respect to keeping of social distancing
in the wake of Covid 19 pandemic.
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
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