Krishnan.T vs State Of Kerala
2022 Latest Caselaw 9498 Ker

Citation : 2022 Latest Caselaw 9498 Ker
Judgement Date : 25 August, 2022

Kerala High Court

Krishnan.T vs State Of Kerala on 25 August, 2022

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

    THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944

                     BAIL APPL. NO. 9812 OF 2021

AGAINST THE ORDER IN CRMP 2896/2021 OF DISTRICT COURT & SESSIONS
           & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD

PETITIONER/S:

            KRISHNAN.T.,
            AGED 62 YEARS
            S/O.(LATE) MALINGAN, RESIDING AT PERINGANAM VEEDU,
            PERINGANAM DESHAM, MUNNAD VILLAGE, KASARAGOD TALUK AND
            DISTRICT.

            BY ADVS.
            P.P.MANIAMMA
            VINAY M.E.

RESPONDENT/S:

    1       STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH CORT OF
            KERALA, ERNAKULAM-682 031.

    2       THE EXCISE RANGE OFFICER,
            OFFICE OF THE EXCISE RANGE, KASARAGOD DISTRICT-671
            541.

OTHER PRESENT:


            PP - SRI. M.C.ASHI



     THIS   BAIL   APPLICATION    HAVING   COME   UP   FOR   ADMISSION   ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No. 9812 of 2021

                                           2




                            VIJU ABRAHAM, J
                          ..................................
                         B.A.No. 9812 of 2021
             ...............................................................
             Dated this the 25th day of August, 2022

                                     ORDER

This application is filed under Section 438 of the Code of

Criminal Procedure.

2. The petitioner is sole accused in Crime No.31 of 2020

of Bandadka Excise Range, alleged to have committed offence

punishable under Sections 8(1) & 8(2) of the Kerala Abkari Act

of 1077.

3. The prosecution allegation is that the Bandadka

Excise Range Officer along with his party had seized 4½ litres

of arrack. The Bandadka Excise Range Officer and his party

caught the petitioner while the excise party has having their

patrolling towards Kakkad by Pallathingal Jayapuram Road, the

excise party has met this petitioner suspiciously with the above

said contraband at about 20 meter far away and they captured B.A.No. 9812 of 2021

him at about 5.45 PM on 3 rd May 2020. Thus the petitioner

committed the alleged offence.

4. I have heard the learned counsel appearing for the

petitioner as also the learned Public Prosecutor.

5. The learned counsel appearing for the petitioner

submits that the petitioner has been falsely implicated in the

above said crime and he is totally innocent of the charge leveled

against him and that the petitioner is suffering from various

diseases.

6. The learned Public Prosecutor upon instructions

submitted that the contraband was recovered from the

possession of the petitioner but he was not arrested then due to

the COVID-19 pandemic situation. Now the investigation is in

the final stage. It is further submitted that the petitioner is not

involved in any other crime.

7. Having regard to the fact that it is a crime of 2020,

and the petitioner is in the age of 62, I am inclined to grant pre-

arrest bail to the petitioner but only on stringent condition. B.A.No. 9812 of 2021

In the result, this application is allowed. The petitioner

shall surrender before the investigation officer on 31.08.2022

and subject himself for interrogation. If the petitioner is

arrested in connection with the above crime, he shall be

produced before the Jurisdictional Magistrate on the same day

and shall be released on bail on 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 likesum to the

satisfaction of the Jurisdictional Court ;

(ii) Petitioner shall appear before the

investigating officer in Crime No.31 of 2020 of

Bandadka Excise Range, as and when

summoned to do so;

(iii) The petitioner shall not attempt to (contact

the victim or the defacto complainant) or

interfere with the investigation or to influence or

intimidate any witness in Crime No.31 of 2020

of Bandadka Excise Range;

B.A.No. 9812 of 2021

(iv) The 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.31 of 2020 of Bandadka Excise

Range may file an application before the jurisdictional Court, for

cancellation of bail.

Sd/-

VIJU ABRAHAM, JUDGE Dxy B.A.No. 9812 of 2021

APPENDIX OF BAIL APPL. 9812/2021

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE ORDER DATED 26.11.2021 IN CRL.M.P.NO.2896/2021 IN CRIME NO.31/2020 PASSED BY THE SESSIONS COURT, KASARAGOD.