Raji vs State Of Kerala
2022 Latest Caselaw 9321 Ker

Citation : 2022 Latest Caselaw 9321 Ker
Judgement Date : 10 August, 2022

Kerala High Court

Raji 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. 5847 OF 2022
CRIME NO.5847/2022 OF KARUNAGAPALLY EXCISE RANGE OFFICE,
                            KOLLAM
PETITIONER:

            RAJI
            AGED 41 YEARS, W/O. SATHEESAN, PUTHENTHOPPU
            PUTHUVAL, MARY LAND, NEENDAKARA VILLAGE,
            KARUNAGAPALLY TALUK, KOLLAM DISTRICT,
            PIN 691582

            BY ADV E.C.AHAMED FAZIL


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031
    2       THE EXCISE RANGE INSPECTOR
            KARUNAGAPALLY EXCISE RANGE OFFICE,
            KOLLAM , PIN - 690544

            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.5847/2022

                                     ..2..



                            ORDER

Dated this the 10th day of August, 2022

This is an application for Anticipatory Bail.

2. The petitioner is the sole accused in Crime

No.141/2022 of Karunagapally Excise Range Office, Kollam

alleging commission of offences punishable under Sections

55(i) of the Kerala Abkari Act.

3. The prosecution case is that, on 01.07.2022 at

about 8.00 am, the petitioner herein was allegedly found in

possession of 3.8 liters of Indian Made Foreign Liquor from the

premises of petitioner and thereby committed the above said

offence.

4. The learned counsel for the petitioner submitted

that the petitioner is falsely implicated in the above said crime

and further submitted that the petitioner's son met with an

accident and he is undergoing treatment as is evident from

Anx.A1 and A2 - Medical records.

5. The learned Public Prosecutor, upon instruction,

submitted that the contraband was seized from the house of BA. No.5847/2022

..3..

the petitioner and that she has no other criminal antecedents

also.

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.141/2022

of Karunagapally Excise Range Office, Kollam, 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.50,000/- (Rupees fifty 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.141/2022 of

Karunagapally Excise Range Office, Kollam as

and when summoned to do so;

(iii) Petitioner shall not attempt to interfere BA. No.5847/2022

..4..

with the investigation or to influence or

intimidate any witness in Crime No.141/2022

of Karunagapally Excise Range Office, Kollam;

(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.141/2022 of Karunagapally

Excise Range Office, Kollam 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