Rahiyanath vs State Of Kerala
2023 Latest Caselaw 372 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                      BAIL APPL. NO. 10501 OF 2022


PETITIONER/ACCUSED:

           RAHIYANATH
           AGED 43 YEARS, W/O ANZAD, KANAKAVELI , PERUMBALAM,
           PERUMBALAM PANCHAYATH, CHERTHALA TALUK, ALAPPUZHA
           DISTRICT, PIN - 688570
           BY ADVS.
           V.N.SANKARJEE
           V.N.MADHUSUDANAN
           R.UDAYA JYOTHI
           M.M.VINOD
           M.SUSEELA
           KEERTHI B. CHANDRAN
           VIJAYAN PILLAI P.K.
           C.PURUSHOTHAMAN NAIR
           NITHEESH.M
           SUKANYA S.


RESPONDENT/STATE & DEFACTO COMPLAINANT:

     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           ERNAKULAM DISTRICT, PIN - 682031
     2     THE EXCISE RANGE INSPECTOR
           KUTHIATHODE EXCISE RANGE STATION, THURAVOOR SOUTH,
           CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688532
           BY SRI. M.C.ASHI (PP)


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Bail Appln. No. 10501 of 2022       2




                    VIJU ABRAHAM , J.
        ===========================
             Bail Appln. No. 10501 of 2022
        ============================
         Dated this the 11th day of January, 2023


                                ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No.

60/2022 of the Kuthiathode Excise Range Station, Alappuzha

District alleging commission of offences punishable under

Sections 55(i) and 63 read with Section 13 of the Kerala

Abkari Act.

3. The prosecution allegation is that, on 07.12.2022 at

07.30 P.M., the 2nd respondent seized 2.5 litres of Indian

Made Foreign Liquor from the house bearing No. 9/46, Ward

No.9 of Perumbalam Panchayath and thereby accused has

committed the alleged offences.

4. The petitioner submitted that she has been falsely

implicated in the above said crime.

5. The learned Public Prosecutor opposed the

application for bail and submitted that petitioner was found

in possession of 2.5 litres of IMFL.

6. Considering the facts and circumstances of the case

and nature of allegation, I am of the opinion that custodial

interrogation may not be required for the purpose of the

investigation, but only a limited custody be granted for the

same. Therefore, I am inclined to grant anticipatory bail to

the petitioner.

In the result, this application is allowed. The Petitioner

shall surrender before the Investigating Officer in Crime No.

60/2022 of the Kuthiathode Excise Range Station on

18.01.2023 at 11 AM and shall make herself available for

interrogation on that day or any other day/days (between 9

AM to 6 PM) as directed by the Investigating Officer. The

petitioner shall co-operate with the investigation. In the

event of arrest of the petitioner in Crime No. 60/2022 of the

Kuthiathode Excise Range Station, she shall be produced

before the jurisdictional Court on the very same day and shall

be released on bail subject to the following stringent

conditions.

(i) The petitioner shall execute a bond for a sum of

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

solvent sureties each for the like-sum to the

satisfaction of the Jurisdictional Court;

(ii) The petitioner shall appear before the investigating

officer in Crime No. 60/2022 of the Kuthiathode

Excise Range Station, on every Saturday at 11.00

a.m. for a period of two months and shall also

report to the Investigating Officer as and when

required for the investigation till the final report is

filed.

(iii) The petitioner shall not attempt to influence the

defacto complainant or interfere with the

investigation or to influence or intimidate any

witness in Crime No. 60/2022 of the Kuthiathode

Excise Range Station;

(iv) The petitioner shall not involve in any other crime

while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No. 60/2022 of the Kuthiathode

Excise Range Station may file an application before the

jurisdictional Court, for cancellation of bail.

It is made clear that it is within the power of the

police to investigate the matter and if necessary to effect

recoveries on the information if any given by the

petitioner even when the petitioner is on bail as per the

judgment of the Apex Court in Sushila Aggarwal and

others v. State (NCT of Delhi) and another (2020 (1)

KHC 663).

Sd/-

VIJU ABRAHAM JUDGE sbk/-