Baiju @ Kuttappayi vs State Of Kerala
2022 Latest Caselaw 5014 Ker

                 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. 3216 OF 2022
PETITIONER/S:

           BAIJU @ KUTTAPPAYI
           AGED 50 YEARS
           SON OF VELAYUDHAN,
           VELIKKAKATHU HOUSE, THAMMANAM P.O.,
           POONITHURA VILLAGE, KANAYANNOOR TALUK,
           ERNAKULAM DISTRICT, PIN - 682032

           BY ADVS.
           P.V.ANILKUMAR
           D.SARITHA
           KEERTHI PRIYA A.



RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           PIN - 682031

           BY ADV PUBLIC PROSECUTOR



OTHER PRESENT:

           ADV SREEJA V- SR P.P




    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.3216 of 2022
                                2




                      P.V.KUNHIKRISHNAN, J
                  --------------------------------
                       B.A.No.3216 of 2022
                   -------------------------------
               Dated this the 4th day of May, 2022

                           ORDER

This Bail Application is filed under Section 439 of Criminal

Procedure Code.

2. Petitioner is one of the accused in Crime No.36 of

2022 of Excise Range Office, Aluva, Ernakulam. The above case

is registered alleging offences punishable under Sections 55(a),

67 B and 12 C r/w 55 C of the Abkari Act. The petitioner was

arrested on 30.03.2022 by Excise Inspector alongwith a second

accused.

3. The prosecution case is that the petitioner and the

second accused was found transporting 40 cans, each containing

35 liters of spirit kept in the goods carrier of an Asok Leyland B.A.No.3216 of 2022

vehicle and upon their confession as to the source of the spirit,

the Excise Circle Inspector and party were taken to JK

Enterprises at Edayar, Binalipuram belonging to the first

accused. Upon search of JK Enterprises, 194 cans each

containing 35 liters of spirit were recovered from the secret

underground chamber in the said company. Hence it is alleged

that the petitioner has committed the offence.

4. Heard counsel for the petitioner and the Public

Prosecutor. The counsel for the petitioner submitted that the

petitioner has not committed any offence. No contraband is

seized from the petitioner. The Counsel also submitted that the

first accused has already been granted bail from this Court as per

the order dated 26.04.2022 in BA No.3182/2022. The Public

Prosecutor seriously opposed bail petition. The Public Prosecutor

also submitted that the petitioner committed serious offence. But

it was conceded that the first accused is granted bail. It is true

that the allegation against the petitioner is very serious. But the B.A.No.3216 of 2022

first accused in this case is already released on bail by this Court

as per the order in BA No.3182/2022. Serious allegation is

against the first accused. In the light of the same, there is no

justification in detaining the petitioner indefenitely.

5. Moreover, it is a well accepted principle that the

bail is the rule and the jail is the exception. The Hon'ble

Supreme 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 B.A.No.3216 of 2022

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 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 they are accused,

or suspected, of the commission of which they

suspected.

B.A.No.3216 of 2022

5. The petitioner shall appear before the

Investigating Officer on every sunday between

10 am and 11 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.

Sd/-

P.V.KUNHIKRISHNAN,

JUDGE

Nsd B.A.No.3216 of 2022

APPENDIX OF BAIL APPL. 3216/2022

PETITIONER ANNEXURES

Annexure1 TRUE COPY OF THE TRIP SHEET OF SURYAKANTHI TOURS AND TRAVELS DATED 22.3.2022

Annexure2 TRUE COPY OF THE COMPLAINT SUBMITTED BY PETITIONER'S WIFE BEFORE THE EXCISE COMMISSIONER, KERALA STATE DATED 02/04/2022

Annexure3 TRUE COPY OF THE COMPLAINT DATED 18/4/2022 SUBMITTED BY PETITIONER'S WIFE BEFORE THE DGP, THIRUVANANTHAPURAM.

Annexure4 CERTIFIED COPY OF THE DISMISSAL ORDER DATED 16/4/2022 IN CRL.M.C.NO.850/2022 PASSED BY THE DISTRICT AND SESSIONS COURT,(VACATION JUDGE) ERNAKULAM