Kerala High Court
P.V.Jayachandran 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. 9934 OF 2022
Crime No.165/2022 of Excise Range office, Ranny,
PETITIONER/ACCUSED:
P.V.JAYACHANDRAN, AGED 58 YEARS
P.V.JAYACHANDRAN AGED 58 YEARS,
S/O. VASU PARAKKILETHU HOUSE,
PUTHUSHERIMALA P.O.,
RANNY., PIN - 689661.
BY ADV S.SANTOSH KUMAR (PERUNAD)
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031.
2 EXCISE INSPECTOR, EXCISE RANGE OFFICE, RANNY
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
3 EXCISE RANGE OFFICER, EXCISE RANGE OFFICE, RANNY
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
OTHER PRESENT:
PP - M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 9934 OF 2022
2
VIJU ABRAHAM, J
BA No. 9934 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 accused in Crime No.165/2022
of Excise Range office, Ranny, alleging commission of offence
punishable under Section 55(i) of the Abkari Act.
3. The prosecution allegation is that on 1.12.2022, the
petitioner was found in sale of IMFL and 2 litres of IMFL was
seized from his possession 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 that he has no other criminal antecedents.
6. The learned Public Prosecutor upon instructions
submitted that the petitioner was found in sale of IMFL and
further submitted that he has no other criminal antecedents.
BAIL APPL. NO. 9934 OF 2022
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.165/2022
of Excise Range office, Ranny, 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.165/2022 of Excise Range
office, Ranny, 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
BAIL APPL. NO. 9934 OF 2022
Court,
(ii) The petitioner shall appear before the
investigating officer in Crime No.165/2022 of
Excise Range office, Ranny, as and when
required for the investigation,
(iii) The petitioner shall not attempt to
influence the defacto complainant or interfere
with the investigation or to influence or
intimidate any witness in Crime No.165/2022 of
Excise Range office, Ranny,
(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.165/2022 of Excise Range
office, Ranny, 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
BAIL APPL. NO. 9934 OF 2022
Sushila Aggarwal and others v. State (NCT of Delhi) and
another (2020 (1) KHC 663).
sd/-
VIJU ABRAHAM, JUDGE
R.AV
