Satheesh Kumar vs State Of Kerala
2022 Latest Caselaw 5123 Ker

          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. 3470 OF 2022
PETITIONERS:

    1     SATHEESH KUMAR
          AGED 45 YEARS
          AADUTHOOKKUVILA, MALAVILA 4-244, CHENKODI PO,
          KANYAKUMARI, TAMILNADU., PIN - 629164

    2     SUNDER RAJ
          AGED 46 YEARS
          S/O THANKARAJ, SARAL VILA, KUTTIKKADU, KUMARAPURAM
          PO, KANYAKUMARI, TAMILNADU., PIN - 629301

          BY ADVS.
          C.R.JAYAKUMAR
          NOBEL RAJU

RESPONDENTS:

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

    2     THE EXCISE RANGE INSPECTOR
          EXCISE RANGE OFFICE, KOLLAM, PIN - 691001

          ADV VIPIN NARAYAN - 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.3470/2022

                                   2



                                    K
                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                       B.A.No.3470 of 2022
              ----------------------------------------------
             Dated this the 06th day of May, 2022


                               ORDER

This Bail Application is filed under Section 439 of Criminal

Procedure Code.

2. Petitioners are the accused in Crime No.59 of 2022 of

Kollam Excise Range registered alleging offences punishable

under Section 58 of the Abkari Act. Petitioners were arrested

on 13.04.2022 and they are in custody.

3. The prosecution case is that on 13.04.2022 at about

4.50 pm, the accused were found in possession of 12.5 litres of

Indian made foreign liquor and 2.25 litres of wine without any

authority. Hence it is alleged that the accused committed the

offence.

4. Heard counsel for the the petitioners and the Public

Prosecutor. The counsel for the petitioners submitted that the

petitioners are in custody from 13.04.2022 onwards. The

counsel submitted that the petitioners are ready to abide any

conditions if this Court grant them bail. The Public Prosecutor B.A.No.3470/2022

opposed the bail application. After hearing both sides, I think

the continued detention of the petitioners are not necessary for

the purpose of investigation. The petitioners can be directed to

appear before the Investigating Officer till final report is filed.

With the above condition, the bail application can be allowed.

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. The petitioners 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 B.A.No.3470/2022

jurisdictional Court.

2. The petitioners shall appear before the

Investigating Officer for interrogation as and

when required. The petitioners 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/her from

disclosing such facts to the Court or to any police

officer.

3. The petitioners shall not leave India without

permission of the jurisdictional Court.

4. The petitioners shall not commit an offence

similar to the offence of which they are accused,

or suspected, of the commission of which they

are suspected.

5. The petitioners shall appear before the

Investigating Officer on all Mondays and Fridays

at 10 am, till final report is filed.

6. If any of the above conditions are violated by the

petitioners, the jurisdictional Court can cancel B.A.No.3470/2022

the bail in accordance to law, even though the

bail is granted by this Court.

sd/-

                                          P.V.KUNHIKRISHNAN
JV                                               JUDGE
 B.A.No.3470/2022





               APPENDIX OF BAIL APPL. 3470/2022

PETITIONER ANNEXURES
Annexure A1        TRUE COPY OF THE CRIME NO. 59/2022 OF

KOLLAM EXCISE RANGE OFFICE, KOLLAM.

Annexure A2 THE ORDER IN CMP NO. 789/2022 DATED 25/04/2022 ON THE FILES OF LEARNED JUDICIAL 1ST CLASS MAGISTRATE-II, KOLLAM.