Kerala High Court
Divine Sebastian vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
BAIL APPL. NO. 8089 OF 2022
Crime No.56/2021 of the Peravoor Excise Range,
PETITIONER/ACCUSED:
DIVINE SEBASTIAN, AGED 25 YEARS
S/O. SEBASTIAN,KAKKAVAMATTATHIL HOUSE, VELLOONNI P.O,
IRITTY TALUK, KANNUR DISTRICT, PIN - 670703.
BY ADV DOMSON J.VATTAKUZHY
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
OTHER PRESENT:
PP - NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8089 OF 2022
2
VIJU ABRAHAM, J
BA No.8089 of 2022
st
Dated this the 21 day of December, 2022
O R D E R
This is an application for anticipatory bail.
2. The petitioner is the sole accused in Crime
No.56/2021 of the Peravoor Excise Range, alleging commission
of offence punishable under Section 55(g) of Abkari Act.
3. The prosecution case in short is that, on 03.06.2021
at 12.40 P.M the Excise party detected 150 litres of wash from
the back side of a pig farm. The pig farm was owned by one
Nimesh. It is alleged that the excise party saw the accused
while he was handling with the wash and he ran away from
the spot and thereby the accused has committed the aforesaid
offence.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
he has been falsely implicated in the aforesaid crime and
further submitted that he is residing about 17 kilometers away
BAIL APPL. NO. 8089 OF 2022
from the spot where the wash was detected and the petitioner
is not the owner of the property from where the wash was
detected, but one Mr.Nimesh. The learned counsel further
submitted that the crime is registered in the year 2021 and
that the investigation have progressed considerably and his
custodial interrogation is not required for the purpose of the
investigation and that the alleged contraband is also seized.
6. The learned Public Prosecutor upon instructions
submitted that the crime has been registered in the year 2021
and the petitioner may be directed to co-operate with the
investigation.
7. Considering the facts and circumstances of the case
and the nature of the allegations and taking into consideration
that the petitioner has no other criminal antecedents, I am of
the opinion that custodial interrogation of the petitioner may not
be required for the purpose of the investigation and only a
limited custody be granted for the same, I am inclined to grant
anticipatory bail to the petitioner.
In the result, this application is allowed. Petitioner shall
surrender before the investigating officer in Crime No.56/2021
BAIL APPL. NO. 8089 OF 2022
of the Peravoor Excise Range, on 27.12.2022 at 11 am and
make himself available for interrogation. The petitioner shall
co-operate with the investigation. It is directed that in the event
of arrest of the petitioner in Crime No.56/2021 of the Peravoor
Excise Range, he shall be produced before the Jurisdictional
Court on the same day and he shall be released on bail subject
to the following conditions:-
(i) The petitioner shall execute a 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) The petitioner shall appear before the
investigating officer in Crime No.56/2021 of
the Peravoor Excise Range, on every Saturday
at 11.00 am until filing of the final report,
(iii) Petitioner shall report to the investigating
officer as and when required for the
investigation,
(iv) The petitioner shall not attempt to
BAIL APPL. NO. 8089 OF 2022
influence the defacto complainant or interfere
with the investigation or to influence or
intimidate any witness in Crime No.56/2021 of
the Peravoor Excise Range,
(v) 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.56/2021 of the Peravoor
Excise Range, 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 investigate the matter and if necessary to effect recoveries
on the information if any given by the petitioner even when the
petitioner is on bail as per the judgment of the Apex Court in
Sushila Aggarwal and others v. State (NCT of Delhi) and
another (2020 (1) KHC 663).
sd/-
VIJU ABRAHAM, JUDGE
R.AV
