Udayakumar.B vs State Of Kerala
2024 Latest Caselaw 11138 Ker

Citation : 2024 Latest Caselaw 11138 Ker
Judgement Date : 16 April, 2024

Kerala High Court

Udayakumar.B vs State Of Kerala on 16 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
                      BAIL APPL. NO. 2716 OF 2024
   CRIME NO.173/2024 OF Kasaragod Police Station, Kasargod
 AGAINST THE ORDER DATED 18.03.2024 IN CMP NO.358 OF 2024 OF
      THE JUDICIAL FIRST CLASS MAGISTRATE-II, KASARAGOD
PETITIONER/ACCUSED NO.1:

             UDAYAKUMAR.B
             AGED 34 YEARS
             S/O.BABU, K.K.PURAM HOUSE, CHOWKI, KUDLU VILLAGE,
             KASARAGOD TALUK, KASARAGOD DISTRICT, PIN - 671121
             BY ADVS.
             A.ARUNKUMAR
             S.SHYAM KUMAR
             SACHIN GEORGE ARAMBAN


RESPONDENT/STATE:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031
             BY SRI.PRASHANTH M.P., PUBLIC PROSECUTOR

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A. No.2716 of 2024                    2


                       P.V.KUNHIKRISHNAN, J.
     -------------------------------------------
                 B.A.No.2716 of 2024
     -------------------------------------------
      Dated this the 16th day of of April, 2024

                                 O R D E R

Petitioner is the 1st accused in Crime

No.173/2024 of Kasaragod Police Station. The above

case is registered alleging offences punishable

under Section 58 of the Abkari Act I of 1077.

2. The prosecution case in brief is that on

28.02.2024 at 10 p.m the accused was found in

possession of 408 tetra packets each having a

capacity of 180 ML of Liquor meant for sale in

state of Karnataka near Vishnumangalam temple road

situated at Kudlu Village. The petitioner was

arrested on 28.02.2024.

3. Heard the learned counsel for the

petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner

submits that the petitioner is in custody from

28.02.2024 onwards. It is submitted that the

petitioner is ready to abide any conditions, if

this Court release him on bail.

5. The learned Public Prosecutor seriously

oppose the bail application. The learned Public

Prosecutor submits that huge quantity of Indian

Made Liquor was seized from the petitioner. It is

true that the allegation against the petitioner is

very serious. The quantity of the liquor seized

from the petitioner will come around 86.4 Liters.

But it is a fact that the petitioner is in custody

from 28.02.2024 onwards. Considering the facts and

circumstances of the case, I think that this bail

application can be allowed with stringent

conditions.

6. 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.

7. 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:

i. 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.

ii. 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.

iii. Petitioner shall not leave India without

permission of the jurisdictional Court.

iv. Petitioner shall not commit an offence

similar to the offence of which they are accused,

or suspected, of the commission of which he is

suspected.

v. The petitioner shall appear before the

Investigating Officer on all Mondays at 10 a.m

till final report is filed.

vi. If any of the above conditions are

violated by the petitioner, the jurisdictional

Court can cancel the bail in accordance to law,

even though the bail is granted by this Court.