Santhosh Joseph vs State Of Kerala
2022 Latest Caselaw 9299 Ker

Citation : 2022 Latest Caselaw 9299 Ker
Judgement Date : 10 August, 2022

Kerala High Court

Santhosh Joseph vs State Of Kerala on 10 August, 2022

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
         THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF AUGUST 2022/19TH SRAVANA, 1944
              BAIL APPL. NO. 5827 OF 2022
 CRIME NO.39/2020 OF BANDADUKKA EXCISE RANGE, KASARAGOD
PETITIONER:

         SANTHOSH JOSEPH
         AGED 45 YEARS, SON OF LATE JOSEPH,
         MUNDIYANIKKAL VEEDU, SHANKARAMPADY.P.O,
         KARIVEDAKAM VILLAGE, KASARAGOD TALUK AND
         DISTRICT., PIN - 671541
         BY ADVS.
         A.ARUNKUMAR
         HEERAKRISHNA T.H.


RESPONDENT:

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031

         BY ADV
         SMT.SEETHA.S - SR.PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 BA. No.5827/2022

                               ..2..



                           ORDER

Dated this the 10th day of August, 2022

This is an application for Anticipatory Bail.

2. The petitioner is the accused in Crime No.39/2020

of Bandadukka Excise Range, Kasaragod alleging commission

of offences punishable under Sections 58 and 67 B of the

Abkari Act.

3. The prosecution case is that, on 07-06-2020 at

11.00 hours in near to the house of Mathew John situated at

the road leading to Paduppu from Anakkal in Karivedakam

village the accused was found in possession of 8.64 liters of

IMFL(meant for sale in Karnataka only) in a Honda Scooty

bearing Registration No.KL 14 V 8658 and thereby committed

the offences.

4. The learned counsel for the petitioner submitted

that the petitioner is falsely implicated in the above said crime

and he has no other criminal antecedents.

5. The learned Public Prosecutor submitted that it is a

2020 crime and the petitioner was not arrested in view of the BA. No.5827/2022

..3..

covid-19 pandemic situation and further submitted that the

petitioner has no other criminal antecedents.

6. Having regard to the facts and circumstances of the

case and considering the nature of the allegations, I am

inclined to grant anticipatory bail to the petitioner subject to

stringent conditions. In the result, this application is allowed.

In the event of arrest of the petitioner in Crime No.39/2020 of

Bandadukka Excise Range, Kasaragod, the petitioner shall be

produced before the jurisdictional magistrate and shall be

released on bail, subject to the following conditions:-

(i) Petitioner shall execute bond for a sum

of Rs.25,000/- (Rupees twenty five thousand

only) with two solvent sureties each for the

like-sum to the satisfaction of the

jurisdictional court ;

(ii) Petitioner shall appear before the

investigating officer in Crime No.39/2020 of

Bandadukka Excise Range, Kasaragod as and

when summoned to do so;

(iii) Petitioner shall not attempt to interfere BA. No.5827/2022

..4..

with the investigation or to influence or

intimidate any witness in Crime No.39/2020

of Bandadukka Excise Range, Kasaragod;

(iv) Petitioner shall not involve in any other

crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.39/2020 of Bandadukka

Excise Range, Kasaragod may file an application before the

jurisdictional Court, for cancellation of bail.

It is made clear that it is within the power of the police to