Kerala High Court
Davis 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. 3204 OF 2024
CRIME NO.22/2024 OF Mala Excise Range, Thrissur
PETITIONER/S:
DAVIS
AGED 65 YEARS
S/O. OUSEPH, CHATHELI HOUSE, ANNAMANADA DESOM,
KALLUR THEKKUMMURI VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT., PIN - 680741
BY ADVS.
I.SHEELA DEVI
BINESH.K.N.
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.3204 of 2024 2
P.V.KUNHIKRISHNAN, J
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B.A. No. 3204 of 2024
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Dated this the 16th day of April, 2024
ORDER
This Bail Application is filed under Section 439 of Criminal
Procedure Code .
2. The petitioner is an accused in Crime No. 22/2024 of
Mala Excise Range, Mala, Thrissur. The above case is
registered against the petitioner alleging offence punishable
under Sec.55(i) of the Abkari Act.
3. The prosecution case is that on 01.04.2024 at about
4.35 pm, the petitioner was found in possession of 1.360 litres
of Indian Made Foreign Liquor and 1.300 litres of beer for sale
and hence, committed the offence. The petitioner was arrested
on 01.04.2024 and he is in judicial custody.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. After hearing both sides, I am of the considered
opinion that this bail application can be allowed on stringent
conditions. The allegation against the petitioner is that he was
found in possession of Indian Made Foreign Liquor and beer for
the purpose of sale. The quantity of Indian Made Foreign
Liquor is only 1.360 litres and the beer is 1.300 litres.
Considering the facts and circumstances of this case, I think
the bail application can be allowed on 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:
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 he is 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
SKS
