Shiju S vs The State Of Kerala
2021 Latest Caselaw 22231 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
    FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                      BAIL APPL. NO. 6532 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CRMC 1472/2021 OF II ADDITIONAL
            DISTRICT COURT,TRIVANDRUM, THIRUVANANTHAPURAM
   CRIME NO.108 OF 2021 OF CHIRAYINKEEZHU EXCISE RANGE OFFICE,
                      THIRUVANANTHAPURAM DISTRICT


PETITIONER/ACCUSED :-

            SHIJU S
            AGED 38 YEARS
            S/O. SOMAN, PULIYOORKONAM CHARUVILA VEEDU,
            NEAR CVRM UPS, KIZHUVILAM P.O., NEMOM,
            THIRUVANANTHAPURAM.

            BY ADV GEORGE SEBASTIAN


RESPONDENT/STATE :-

            THE STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM-682031.



            SMT. V. SREEJA.SR. P.P.




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6532 OF 2021
                                       2

                                   ORDER

Apprehending arrest in connection with Crime

No.108 of 2021 of Chirayinkeezhu Excise Range office,

Thiruvananthapuram District registered for the

offences punishable under Sections 55(a) and 67 (B)

of the Kerala Abkari Act, the petitioner has moved

this application under Section 438 of the Code of

Criminal Procedure.

2. The prosecution allegation is that on

05.07.2021 at about 05.30 pm, the Excise officials

had received a reliable information that a person is

engaged with the sale of liquor at a place near

Mamom junction. On getting the information, the

Excise team proceeded to the spot. When they reached

there, they could see an autorickshaw parked near

the roadside. On seeing the Excise officials, the

driver of the vehicle fled away from the spot. They

examined the vehicle and found 67 bottles of Indian

Made Foreign Liquor kept on the back side of the

seat of the autorickshaw. After preparing the BAIL APPL. NO. 6532 OF 2021

mahazar this crime has been registered against this

petitioner, who is the registered owner of the

autorickshaw bearing Registration No.KL-26-B-9940.

Thus he has been booked for the aforesaid offences.

3. Heard the learned counsel for the petitioner

as well the learned Public Prosecutor.

4. The learned counsel for the petitioner has

raised a plea of false implication contending that

on the relevant day he has parked his autorickshaw

on the road side and went to a hotel for lunch. When

he came back there, he could not see his

autorickshaw there. So he immediately rushed to the

police station and made a complaint to the police

officials. Then the police informed that they have

not taken custody of his vehicle. On further

enquiry, it was revealed that the Excise officials

had taken custody of his vehicle and so he went to

the Excise office. But he was not arrested and it

was not informed by the Excise then and there that a

case has been registered. Only at later stage, he

came to know that he has been implicated as an BAIL APPL. NO. 6532 OF 2021

accused in this case. In fact, he is totally

innocent of the allegations levelled against him.

But he apprehends unnecessary arrest and hence this

application for pre-arrest bail.

5. On the other hand, the learned Public

Prosecutor has submitted that 67 bottles of Indian

Made Foreign Liquor were seized from the

autorickshaw owned by this petitioner. Though the

autorickshaw with the contraband was seized by the

Excise officials, the petitioner could not be

arrested then and there as he fled away from the

spot. The copy of the mahazar has also been

submitted by the learned Public Prosecutor for

perusal.

6. The contraband involved in this case is

Indian Made Foreign Liquor. The fact that the

petitioner is the RC owner of the vehicle is not in

dispute. 67 bottles of liquor were found hidden on

the backside of the autorickshaw. The contraband was

seized then and there by the Excise officials, after

preparing the mahazar.

BAIL APPL. NO. 6532 OF 2021

7. It is true that the petitioner was not

arrested as he fled away from the spot on seeing the

Excise officials. No doubt, the records as such

available before me would reveal a strong prima

facie case against this petitioner. It is also to be

noticed that though the petitioner has a case that

he has preferred a complaint before the Commissioner

of Excise alleging that he has been falsely

implicated in the case, no document has been

produced before me to show that he preferred such a

complaint before the Excise Commissioner apart from

production of the copy of the complaint which is not

an authenticated one. No receipt has been produced

by the petitioner, so as to convince this court that

such a complaint has been lodged by him before the

Excise officials.

8. On a perusal of the entire documents as such

available before me, I find that there is a strong

case against this petitioner and the offence alleged

against him is grave and serious in nature. It is

well settled that the court granting bail should BAIL APPL. NO. 6532 OF 2021

excise its discretion in a judicious manner and not

as a matter of course. As the petitioner is charged

of having committed a serious offence, I am not

inclined to grant pre-arrest bail as requested by

him.

Accordingly, this bail application stands

dismissed. The petitioner shall surrender before

the investigating officer at the earliest and co-

operate with the investigation of the case.

Sd/-

SHIRCY V.

JUDGE SMA