Kerala High Court
Babu V.M vs State Of Kerala on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
BAIL APPL. NO. 7732 OF 2021
CRIME NO.85/2020 OF BALUSSERY EXCISE RANGE OFFICE, KOZHIKODE
AGAINST THE ORDER/JUDGMENT IN CRMC 1103/2021 OF COURT OF SESSION
KOZHIKODE
PETITIONER/2ND ACCUSED:
BABU V.M.
AGED 55 YEARS
S/O.KANARAN, VADAKKE MANKARAYATTUMMAL HOUSE,
CHANGAROTH VILLAGE, KADIYANGAD DESOM,
KOYILANDI TALUK, KOZHIKODE DISTRICT.
BY ADV K.P.SUDHEER(S-826)
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2 THE EXCISE RANGE OFFICER
BALUSSERY EXCISE RANGE, BALUSSERY,
KOZHIKODE DISTRICT,PIN-673612.
K.P.SUDHEER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7732 OF 2021
2
ORDER
Application for pre-arrest bail.
2. The petitioner is the 2nd accused in Crime No.85 of 2020 of
Balussery Excise Range, Kozhikode District registered for the
offence punishable under Section 58 of the Kerala Abkari Act.
3. The prosecution case is that on 11.07.2020 at about 7.10
p.m, the excise party found this petitioner along with the other
accused transporting 12 litres of Indian Made Foreign Liquor, which
is meant for sale in Puthucherry State, in a motor cycle bearing
registration No.KL-77-4179 for sale in contravention of the
provisions of the Kerala Abkari Act and thereby committed the
aforesaid offences.
4. According to the learned counsel for the petitioner, he has
not committed any offence as alleged by the prosecution. In fact a
cardboard box was found by the excise officials in a place near a
temple. The vehicle owned by the 1 st accused was parked some
where near that cardboard box. So the excise officials on the belief
that the cardboard box belonged to the 1st accused has falsely
implicated him as well this petitioner in this case. In fact they have
not committed any offence as alleged.
BAIL APPL. NO. 7732 OF 2021
5. But the said submission is refuted by the learned Public
Prosecutor contending that they were found transporting the
contraband through the public road in the vehicle. Due to the
outbreak of Covid-19 they were not apprehended then there,
though the contraband was seized and now the interrogation of the
petitioner is necessary and therefore granting of pre-arrest bail is
opposed.
6. The prosecution has no case that this petitioner is having
any criminal antecedents. The contraband involved in this case is
12 litres of Indian Made Foreign Liquor. Since the petitioner has a
case that he was not in possession of the contraband seized by the
excise officials, I think that he can be directed to surrender before
the Investigating Officer on 05.11.2021 between 10 a.m and
11.00 a.m. Upon his surrender, after interrogation and recording
his arrest, he shall be released on bail subject to the following
conditions:
(i) The petitioner shall be released on bail on executing
a bond for a sum of Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties for the like sum each to
the satisfaction of the investigating officer.
(ii) He shall appear before the Investigating Officer for
interrogation as and when required by him, in writing.
BAIL APPL. NO. 7732 OF 2021
(iii) He shall co-operate with the investigation and trial
of the case.
(iv) He 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
or tamper with the evidence.
(v) He shall not commit any offence while on bail.
In case of violation of any of the above conditions, the
learned Magistrate/Judge is empowered to cancel the bail in
accordance with the law.
Sd/-
SHIRCY V.
JUDGE
mpm
