Kerala High Court
Bibin [email protected] Vipin vs State Of Kerala on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
BAIL APPL. NO. 1656 OF 2022
CRIME NO.15/2022 OF Chirayinkeezhu Excise Range Office,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN CRMC 331/2022 OF DISTRICT COURT
& SESSIONS COURT,TRIVANDRUM
PETITIONER/S:
BIBIN [email protected] VIPIN
AGED 24 YEARS
BIBIN B. @ VIPIN, VINEETH, AGED 24 YEARS, S/O
BIBHU, CHARUVILA PUTHENVEEDU, THOPPICHANDA,
KEEZHATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT - 695 102.
BY ADVS.
R.RAJESH (VARKALA)
S.SUNIL KUMAR (KADAKKAVUR)
M.KIRANLAL
MANU RAMACHANDRAN
T.S.SARATH
SAMEER M NAIR
GEETHU KRISHNAN
HARSHA SUSAN SAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE EXCISE INSPECTOR, EXCISE RANGE OFFICE,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT., PIN
- 695304
BY PUBLIC PROSECUTOR ADV.SMT.SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.1656 of 2022 :2:
VIJU ABRAHAM, J.
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B.A. No.1656 of 2022
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Dated this the 23rd day of June, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is the sole accused in Crime No.15/2022 of
Chirayinkeezhu Excise Range Office, Thiruvananthapuram
district, alleging commission of offence punishable under Section
55(i) of Abkari Act.
3. The prosecution allegation is that, on 01.02.2022, at about
11.50 a.m., the accused was found possessing 10.5 litres of Indian
Made Foreign Liquor for the purpose of sale, in the bed room of
his residence situated in Kadakkavoor Grama Panchayath.
4 .The learned counsel for the petitioner submitted that he
has been falsely implicated in the above said crime. It is further
submitted that the place of occurrence is not the house of the
petitioner and the contraband was found from the western side of
the boundary walls on the Kalloorkonam Anganwadi which is
situated near to the house of the petitioner and that the petitioner
has no physical or conscious possession over the contraband
article. It is also submitted that he is not involved in any other
crime and is suffering from various ailments and to substantiate
the same, he has produced Annexure A2 treatment certificate.
5. The learned Public Prosecutor opposed the application for
bail, but submitted that there are no other criminal antecedents
as against the petitioner.
6. Having regard to the facts and circumstances of the case
and considering the nature of the allegations, I am inclined to
grant bail to the petitioner subject to stringent conditions. In the
result, this application is allowed. It is directed that the petitioner
shall be released on bail, in the event of arrest in Crime
No.15/2022 of Chirayinkeezhu Excise Range Office,
Thiruvananthapuram district, subject to 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 like-sum to the
satisfaction of the Arresting officer ;
(ii) Petitioner shall appear before the investigating
officer in Crime No.15/2022 of Chirayinkeezhu
Excise Range Office, Thiruvananthapuram district
as and when summoned to do so;
(iii) 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.15/2022 of Chirayinkeezhu
Excise Range Office, Thiruvananthapuram district may file an
application before the jurisdictional Court, for cancellation of bail.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF BAIL APPL. 1656/2022
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE ORDER DATED
21.02.2022 IN CRL.M.C NO. 331/2022 OF THE
SESSIONS COURT, THIRUVANANTHAPURAM
Annexure A2 THE TRUE COPY OF THE TREATMENT
CERTIFICATE OF THE PETITIONER DATED,
06.07.2018
