Anilkumar vs State Of Kerala
2022 Latest Caselaw 5126 Ker

Citation : 2022 Latest Caselaw 5126 Ker
Judgement Date : 6 May, 2022

Kerala High Court

Anilkumar 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. 3377 OF 2022
AGAINST THE ORDER/JUDGMENT IN CMP 724/2022 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS -II,KOTTARAKKARA
PETITIONER/S:

           ANILKUMAR
           AGED 50 YEARS
           S/O GOPINADHAN,
           SUNITHA MANDIRAM,
           PATTANIMUKKU, ITTIVA VILLAGE,
           KOTTARAKARA TALUK,
           KOLLAM DISTRICT
           , PIN - 691536

           BY ADV K.V.ANIL KUMAR



RESPONDENT/S:

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


OTHER PRESENT:

           ADV 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.3377 of 2022
                                   2

                    P.V.KUNHIKRISHNAN, J
                  --------------------------------
                       B.A.No.3377 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.66 of 2022

of Chadayamangalam Excise Range. The above case is registered

alleging offences punishable under Sections 8(1) and (2) and

55(g) of the Abkari Act.

3. The prosecution case is that on 15.04.2022 at

11.30 am, the accused was found in possession of 30 liters of

wash and 2.3 liters of arrack for the purpose of sale.

4. Heard counsel for the petitioner and the Public

Prosecutor. The counsel for the petitioner submitted that

petitioner is in custody from 15.04.2022. The Counsel also

submitted that there is no criminal antecedents to the petitioner. B.A.No.3377 of 2022

The Counsel submitted that the petitioner is ready to abide any

condition that this if Court grant him bail. The Public Prosecutor

seriously opposed bail petition. It is true that the allegations

against the petitioner is very serious. The Public Prosecutor also

submitted that the petitioner committed serious offence. The

petitioner is in custody from 15.04.2022 onwards. Considering

the facts and circumstances of the case and also considering the

period of detention, I think that 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 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. B.A.No.3377 of 2022

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 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 B.A.No.3377 of 2022

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.

5. The petitioner shall appear before the

Investigating Officer on all Mondays and Fridays

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