Kerala High Court
A.V Shyju 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. 3110 OF 2024
CRIME NO.22/2024 OF Mananthavady Excise Range Office, Wayanad
AGAINST THE ORDER/JUDGMENT DATED 02.04.2024 IN CRMC NO.244 OF 2024
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - I, KALPETTA
PETITIONER:
A.V SHYJU
AGED 46 YEARS
S/O.VARKEY, ATHIRTHI MUKKIL HOUSE, THAVINJAL
P.O,THAVINJAL VILLAGE MANANTHAVADY TALUK, WAYANAD
DISTRICT, PIN - 670645
BY ADVS.
V.SHYAM
SAHEERA K.
P.ARUN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
SRI.PRASHANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3110 of 2024
2
P.V.KUNHIKRISHNAN,J.
---------------------
B.A.No.3110 of 2024
---------------------------
Dated this the 16th day of April, 2024
ORDER
This bail application is filed under Section 439 of
Criminal Procedure Code (Cr.P.C.)
2. The petitioner is an accused in Crime No.22/2024
of Mananthavady Excise Range. The above case is registered
against the petitioner alleging offences punishable under
Sections 55(i), 10, 13 r/w Section 63 of the Kerala Abkari Act.
3. The prosecution case is that, on 29.02.2024 at
10.40 am, the accused was found in possession of 10 litres of
Indian Made foreign liquor in a motor vehicle bearing
registration No.KL 12E 8673 for the purpose of sale.
4. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the
petitioner is in custody from 29.02.2024 onwards. The
petitioner is ready to abide any conditions if this Court grant
him on bail. The Public Prosecutor opposes the bail
application.
6. After hearing both sides, I think this bail application
can be allowed on stringent conditions. The allegation is that
the petitioner is found in possession of excess quantity of
Indian Made foreign liquor. He is in custody from 29.02.2024.
Bail can be granted after imposing stringent conditions.
7. 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.
8. 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 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 he is suspected.
5. The petitioner shall appear before the investigating
officer on all Mondays till 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 though the bail is granted by
this Court.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
