Kerala High Court
Sarthlal vs The State Of Kerala on 1 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
BAIL APPL. NO. 530 OF 2022
AGAINST THE ORDER IN CRMP 175/2022 OF JUDICIAL MAGISTRATE OF FIRST
CLASS-I,MANJERI
CRIME NO.7/2022 OF MANJERI EXCISE RANGE
PETITIONERS/ACCUSED NOS.1 AND 2:
1 SARTHLAL,
AGED 29 YEARS
S/O.REGHU, AMAPARAKKAL HOUSE, KANNHIRAPADI DESOM,
PANDIKKAD AMSOM, MALAPPURAM DISTRICT, PIN-676 521.
2 NITHIN,
AGED 30 YEARS
S/O.BALAKRISHNAN, PARAKKODE HOUSE, PANDIKKAD AMSOM,
PAYYAPARAMB DESOM, MALAPPURAM DISTRICT, PIN-676 521.
BY ADV K.RAKESH
RESPONDENT/STATE AND COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-682 031.
2 THE EXCISE INSPECTOR,
EXCISE RANGE OFFICE, MANJERI, MALAPPURAM DISTRICT, PIN-
676 121.
SMT. SEETHA .S. (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 530 OF 2022 2
ORDER
This is an application for regular bail.
2. Petitioners are the accused in Crime No.7/2022 of
Manjeri Excise Range, Malappuram district, alleging
commission of offences under Sections 55(a) and 58 of the
Kerala Abkari Act.
3. Allegation against the petitioners is that, they were
found in possession of 195 litres of Indian Made Foreign
Liquor, which was illegally imported from Pondichery, for the
purpose of illegal sale in Kerala.
4. Learned counsel for the petitioners submits that
the petitioners are absolutely innocent in the matter. With
reference to the judgment of this Court in Jabbar V. State of
Kerala [2020 (5) KLT 12], learned counsel appearing for the
petitioners submits that the petitioners cannot be accused of
illegal import. It is submitted that the petitioners may be
granted bail, especially considering the fact that no criminal
antecedents have been reported against them. It is also
submitted that the petitioners have been in custody from
11.11.2022.
5. Learned Public Prosecutor opposes the grant of
bail. It is submitted that the quantity of liquor recovered
from the petitioners would clearly establish that it was
brought to Kerala for the purpose of sale. It is submitted that
the cost of liquor in Pondichery is substantially less than the
cost in Kerala, on account of the lower rate of tax. It is
submitted that the petitioners are not entitled to be released
on bail.
6. Having regard to the facts and circumstances of
the case and considering the fact that the petitioners have no
criminal antecedents and also considering the fact that they
have been in custody from 11.01.2022, I am of the opinion
that the petitioners can be released on bail subject to strict
conditions. Accordingly, this application for bail is allowed
and it is directed that the petitioners shall be released on bail
subject to the following conditions:-
(i) The petitioners shall execute separate bonds for sums
of Rs.50,000/- (Rupees fifty thousand only) each with two
solvent sureties each for the like-sum to the satisfaction of the
jurisdictional court;
(ii) Each petitioner shall deposit a sum of Rs.15,000/-
(Rupees fifteen thousand only) before the 2 nd respondent.
(iii) The petitioners shall appear before the investigating
officer in Crime No.7/2022 of Manjeri Excise Range as and
when called upon to do so. They shall co-operate with the
investigation in every manner;
(iv) The petitioners shall not attempt to interfere with
the investigation or to influence or intimidate any witness in
Crime No.7/2022 of Manjeri Excise Range;
(v) The petitioners shall not involve in any other crime
while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.7/2022 of Manjeri Excise
Range may file an application before the jurisdictional court,
for cancellation of bail.
sd/-
GOPINATH P.
JUDGE
ajt
