Kerala High Court
Mahesh C.P vs State Of Kerala on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
BAIL APPL. NO. 9981 OF 2022
PETITIONER/ACCUSED:
MAHESH C.P,AGED 45 YEARS,SON OF NAANU,
KALLERIKKARAMMAL VEEDU,KUNNOTH COLONY
KELAN PEEDIKA,VILAMANA AMSOM DESOM,
IRITTY TALUK, KANNUR DISTRICT, PIN - 670703
BY ADVS.
PHIJO PRADEESH PHILIP
P.V.ANOOP
NAVJYOTH S.
ANTONY THOMAS
RADHIKA V.R.
ANJU R S.
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682031
2 THE EXCISE RANGE OFFICER
IRITTY, EXCISE RANGE OFFICE
IRITTY (PO), KANNUR, PIN - 670703
BY ADV.M.C.ASHI,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
BAIL APPLN. No.9981 OF 2022
2
VIJU ABRAHAM, J.
===========================
Bail Appl. No.9981 of 2022
============================
Dated this the 22nd day of December, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No.99/2022
of Iritty Excise Range in Kannur District alleging commission of
offences punishable under Sections 58 and 55(i) of the Kerala
Abkari Act.
3. The prosecution allegation is that on 26.11.2022 at
about 5 p.m. while the Excise police party was patrolling
through Iritty Kunnoth road and they entered Kunnoth Colony
at Kelan Pedika and found that 27 litres of Indian Made Foreign
Liquor concealed with a tarpaulin sheets near the shed
adjacent to the house No.320 of Payam Panchayat. The
prosecution, further alleges that, the petitioner ran away from
the scene of occurrence and whereby the present crime was
registered against the petitioner.
4. The petitioner submits that he has been falsely
implicated in the above said crime and the alleged recovery
was effected from an abandoned house.
BAIL APPLN. No.9981 OF 2022
5. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
6. The learned Public Prosecutor opposed the bail for
bail mainly contending that the petitioner was found in
possession of 27 litres of Indian made foreign and further that
the petitioner is involved in two crimes of similar nature.
7. Considering the facts and circumstances of the case
and nature of allegation, I am of the opinion that custodial
interrogation of the petitioner may not be required for the
purpose of investigation of the case 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.99/2022 of
Iritty Excise Range in Kannur District on 29.12.2022
at 11 a.m. and shall make himself available for interrogation on
that day or any other day/days as directed by the Investigating
Officer. The petitioner shall co-operate with the investigation. It
is directed that in the event of arrest of the petitioner in Crime
No.99/2022 of Iritty Excise Range, the petitioner shall be
BAIL APPLN. No.9981 OF 2022
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
like-sum to the satisfaction of the
Jurisdictional Court;
(ii) The petitioner shall appear before the
Investigating Officer in Crime No.99/2022 of
Iritty Excise Range, on every Saturday at 11
a.m. until filing of the final report;
(iii) The petitioner shall report to the Investigating
Officer as and when required for the
investigation.
(iv) 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.99/2022 of Iritty Excise
Range;
(v) The petitioner shall not involve in any other
crime while on bail.
BAIL APPLN. No.9981 OF 2022
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.99/2022 of Iritty 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
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