Saji vs State Of Kerala
2023 Latest Caselaw 137 Ker

Citation : 2023 Latest Caselaw 137 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Saji vs State Of Kerala on 6 January, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                    BAIL APPL. NO. 7659 OF 2022
   C.R. No.193/2022 of Karunagappally Excise Range, Kollam
                             District
PETITIONER/ACCUSED:
    1     SAJI
          AGED 41 YEARS
          PUTHUMANGALATH HOUSE, PRAYAR SOUTH MURI, CLAPPANA
          VILLAGE & P.O, KARUNAGAPPALLY TALUK, KOLLAM
          DISTRICT, PIN - 690525
    2     LALU
          AGED 40 YEARS
          LALU NIVAS, PRAYAR SOUTH MURI, CLAPPANA VILLAGE &
          P.O, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN -
          690525
    3     KALESH
          AGED 38 YEARS
          THONGELIL HOUSE, PRAYAR SOUTH MURI, CLAPPANA
          VILLAGE & P.O, KARUNAGAPPALLY TALUK, KOLLAM
          DISTRICT, PIN - 690525
    4     SUBHASH
          AGED 39 YEARS
          PATHYALAYAM HOUSE, PRAYAR SOUTH MURI, CLAPPANA
          VILLAGE & P.O, KARUNAGAPPALLY TALUK, KOLLAM
          DISTRICT, PIN - 690525
          BY ADVS.JOSEPH GEORGE
          P.A.REJIMON
RESPONDENT/STATE:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
OTHER PRESENT:
          PP -SMT. NIMA JACOB
    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.7659 of 2022             :2:




                       VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                      B.A. No.7659 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 6th day of January, 2023

                                 ORDER

This is an application for anticipatory bail.

2. The petitioners are accused Nos. 1 to 4 in C.R.

No.193/2022 of Karunagappally Excise Range, Kollam District,

alleging commission of offences punishable under Sections 8(1)(2)

& 55(g) of the Kerala Abkari Act.

3. The prosecution allegation is that, on 10.09.2022 at about

12.50 pm, on getting an information, the Excise party proceeded to

the alleged place of occurrence and they saw one person carrying a

white plastic container and other three persons engaged in

distilling the illicit liquor and all the accused persons ran away on

seeing the Excise officials and thus committed the aforesaid

offences.

4. The learned counsel for the petitioners submitted that the

petitioners have been falsely implicated in the above said crime. It

is also submitted that this case is the result of criminal conspiracy

hatched by the members of youth wing of a political party in the

State, due to some wordily altercation that was occurred on

10.09.2022. The specific case of the petitioners is that even though

in the crime and occurrence report, 32 litres of arrack was seized

from the alleged place of occurrence along with 'Koda' in two big

plastic containers and in two Aluminium pots, according to the

prosecution, the seized liquor was destroyed on the spot by pouring

the same into the wetland and the same has been done in violation

of the provisions of Section 53 A of the Abkari Act.

5. The learned Public Prosecutor opposed the application for

bail mainly contending that the petitioners were found in

possession of large quantity of illicit liquor. When the matter was

taken up for consideration on earlier occasion on 19.12.2022, the

petitioners were directed by this Court to appear before the

investigating officer and to subject themselves for interrogation.

When matter was taken up for consideration today, the learned

Public Prosecutor upon instructions submitted that the petitioners

have duly appeared before the investigating officer and co-

operated with the investigation. It is also submitted that the

petitioners are not involved in any other crime.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, I am of the opinion

that custodial interrogation of the petitioners may not be required

for the purpose of investigation and only a limited custody be

granted for the same. Therefore, I am inclined to grant bail to the

petitioners subject to stringent conditions. In the result, this

application is allowed. It is directed that the petitioners shall

surrender before the investigating officer on 12.01.2023, at 11

a.m, and subject themselves for interrogation on that day and on

any other day/days as directed by the investigating officer. The

petitioners shall co-operate with the investigation. In the event of

arrest in C.R. No.193/2022 of Karunagappally Excise Range,

Kollam District, they shall be produced before the jurisdictional

Court on the very same day and shall be released on bail, subject

to the following conditions:-

(i) Petitioners shall execute a bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) each, with

two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court ;

(ii) The petitioners shall appear before the

investigating officer in C.R. No.193/2022 of

Karunagappally Excise Range, Kollam District, , on

every Saturday, at 11 am, until the filing of the final

report;

(iii) Petitioners shall appear before the investigating

officer in C.R. No.193/2022 of Karunagappally Excise

Range, Kollam District, as and when summoned to do

so;

(iv) The petitioners shall not attempt to contact the

victim or the defacto complainant or interfere with

the investigation or to influence or intimidate any

witness in C.R. No.193/2022 of Karunagappally

Excise Range, Kollam District;