Kerala High Court
Jijomon K.G 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. 3044 OF 2024
CRIME NO.21/2024 OF CHERPPU EXCISE RANGE OFFICE, THRISSUR
PETITIONERS/ACCUSED NOS.1 AND 2:
1 JIJOMON K.G,
AGED 40 YEARS
S/O.GOPALAN, KALLINGAL HOUSE, PERINCHERRY P.O, CHEVOOR,
THRISSUR DISTRICT, PIN - 680306
2 YADHUKRISHNAN E.S,
AGED 28 YEARS
S/O.SUNILKUMAR, ENGOOR HOUSE,CHERUKUNNU, PUTHOOR P.O,
THRISSUR DISTRICT., PIN - 680014
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, KOCHI., 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.3044 of 2024
2
P.V.KUNHIKRISHNAN,J.
---------------------
B.A.No.3044 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 petitioners are accused nos.1 & 2 in Crime
No.21/2024 of Cherppu Excise Range Office, Thrissur. The
above case is registered against the petitioners alleging
offences punishable under Sections 8(1) and (2) of the Kerala
Abkari Act.
3. The prosecution case is that, on 28.03.2024 at 8.00
pm, the accused were found in possession of 60 litres of
arrack. The petitioners were arrested on 28.03.2024.
4. Heard the learned counsel for the petitioners and
the learned Public Prosecutor.
5. The counsel for the petitioners submitted that there
is no criminal antecedents against the petitioners and they
are in custody from 28.03.2024. The Public Prosecutor
opposes the bail application. But, the Public Prosecutor
concedes that no criminal antecedent is reported against the
petitioners.
6. Considering the facts and circumstances of the
case and also considering the fact that the petitioners are in
custody from 28.03.2024, this bail application can be granted
on 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. Petitioners shall be released on bail on executing a
bond for Rs.50,000/- (Rupees Fifty Thousand only) each
with two solvent sureties each for the like sum to the
satisfaction of the jurisdictional Court.
2. Petitioners shall appear before the Investigating
Officer for interrogation as and when required. The
petitioners 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. Petitioners shall not leave India without permission of
the jurisdictional Court.
4. Petitioners shall not commit an offence similar to the
offence of which they are accused, or suspected, of the
commission of which they are suspected.
5. Petitioners 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
petitioners, 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
