Ravi. D vs State Of Kerala
2022 Latest Caselaw 5116 Ker

Citation : 2022 Latest Caselaw 5116 Ker
Judgement Date : 6 May, 2022

Kerala High Court

Ravi. D vs State Of Kerala on 6 May, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                       BAIL APPL. NO. 3446 OF 2022
PETITIONER:

              RAVI. D
              AGED 40 YEARS
              S/O RAMACHANDRAN, DARBHATHADUKKA VEEDU, DARBHATHADUKKA
              DESOM, THEKKIL VILLAGE, KASARAGODE, PIN - 671324

              BY ADVS.
              T.G.RAJENDRAN
              T.R.TARIN



RESPONDENTS:

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

     2        THE EXCISE INSPECTOR
              KASARAGODE EXCISE RANGE, KASARAGODE, PIN - 671121

              BY ADV PUBLIC PROSECUTOR




              SMT SREEJA V- SR P.P



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.05.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.3446 of 2022
                                  2

                       P.V.KUNHIKRISHNAN, J
                    --------------------------------
                         B.A.No.3446 of 2022
                     -------------------------------
                 Dated this the 6th 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.87/2022 of

Kasargode Excise Range registered alleging offences punishable

under Section 58 of the Abkari Act.

3.The prosecution case is that on 01.08.2020 at 1.15 pm,

the accused was found in possession of 3.780 liters of Indian

made foreign liquor meant for sale in State of Karnataka.

4. Heard counsel for the petitioner and the Public

Prosecutor. The Counsel for the petitioner submitted that the

petitioner is in custody from 22.04.2022. The Counsel submitted

that even if the entire allegations are accepted, the offence under

Section 58 of the Abkari Act is not attracted. The Counsel B.A.No.3446 of 2022

submitted that the petitioner is ready to abide any conditions, if

this Court grant bail to him. The Public Prosecutor seriously

opposed the bail application. The Public Prosecutor submitted

that the petitioner is involved in another similar case. This court

considered the rival contentions. After hearing both sides and

considering the fact that the petitioner is in custody from

22.04.2022, I think this bail application can be allowed 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 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 B.A.No.3446 of 2022

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 facts

of the case so as to dissuade him from disclosing

such facts to the Court or to any police officer.