Kerala High Court
Lawrence Crasta vs State Of Kerala on 4 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
BAIL APPL. NO. 3316 OF 2022
CRIME NO.56/2022 OF Kumbala Excise Range Office, Kasargod
PETITIONER/S:
LAWRENCE CRASTA
AGED 54 YEARS
SON OF INAS CRASTA,
MAANITHADUKKA DESOM, KOODALMARKALA VILLAGE,
MANJESHWAR TALUK, KASARAGOD DISTRICT., PIN -
671321
BY ADV A.ARUNKUMAR
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
BA No. 3316 of 2022
P.V.KUNHIKRISHNAN, J.
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B.A.No.3316 of 2022
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Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of
Criminal Procedure Code.
2. Petitioner is the accused in Crime No.56 of 2022 of
Kumbla Excise Range. The above case is registered against the
petitioner alleging offences punishable under Section 58 of the
Abkari Act and the petitioner was arrested on 14.04.2022 and
he is in custody.
3.The prosecution case is that on 13.04.2022 at 5.45 pm,
the accused was found in possession of 19.26 litres of Indian
Made Foreign Liquor meant for sale in State of Karnataka from
a shed near to the house of accused. Hence, it is alleged that
the accused committed the offence.
BA No. 3316 of 2022
4. Heard counsel for the petitioner and the Public
Prosecutor. The counsel for the petitioner submitted that the
petitioner is in custody from 14.04.2022 onwards. The counsel
submitted that the petitioner is ready to abide any condition if
this Court grant him bail. The counsel for the petitioner also
submitted that even going through the allegation as stated, the
offence under Section 58 of the Act is not made out. The
learned Public Prosecutor opposed the bail application. It is
true that the allegation against the petitioner is serious. But the
petitioner is in custody from 14.04.2022 onwards. The
allegation against the petitioner is that excess quantity of Indian
Made Foreign Liquor is seized from the petitioner. Considering
the facts and circumstances of the case and also considering the
period of detention, I think the petitioner can be released on bail
on stringent conditions.
5. Moreover, it is a well accepted principle that the bail is
the rule and the jail is the exception. The Hon'ble Supreme
BA No. 3316 of 2022
Court in Chidambaram. P v Directorate of Enforcement
(2019 (16) SCALE 870), after considering all the earlier
judgments, observed that, the basic jurisprudence relating to
bail remains the same inasmuch as the grant of bail is the rule
and refusal is the exception so as to ensure that the accused has
the opportunity of securing fair trial.
6. Considering the dictum laid down in the above decision
and considering the facts and circumstances of this case, this
Bail Application is allowed with the following directions:
1. Petitioner shall be released on bail on executing a bond
for Rs.50,000/- (Rupees Fifty Thousand only) with two
solvent sureties each for the like sum to the satisfaction
of the jurisdictional Court.
2. The petitioner shall appear before the Investigating
Officer for interrogation as and when required. The
petitioner shall co-operate with the investigation and
shall not, directly or indirectly make any inducement,
threat or promise to any person acquainted with the
BA No. 3316 of 2022
facts of the case so as to dissuade him from disclosing
such facts to the Court or to any police officer.
3. Petitioner shall not leave India without permission of
the jurisdictional Court.
4. Petitioner shall not commit an offence similar to the
offence of which he is accused, or suspected, of the
commission of which he is suspected.
5. Petitioner shall appear before the Investigating Officer
on all Mondays at 10 am till the final report is filed.
6. If any of the above conditions are violated by the
petitioner, the jurisdictional Court can cancel the bail in
accordance to law, even though the bail is granted by
this Court. The prosecution and the victim are at liberty
to approach the jurisdictional court to cancel the bail, if
there is any violation of the above conditions.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
BA No. 3316 of 2022
APPENDIX OF BAIL APPL. 3316/2022
PETITIONER ANNEXURES
Annexure AI A TRUE COPY OF THE ORDER DATED 22-04-
2022 IN C.M.P.NO.1007 OF 2022 OF THE
JUDICIAL FIRST CLASS MAGISTRATE-I,
KASARAGOD
