Kerala High Court
Anilkumar vs State Of Kerala on 31 May, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
BAIL APPL. NO. 4253 OF 2024
CRIME NO.264/2024 OF Meenakshipuram Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED 16.05.2024 IN CRMC NO.2788 OF
2024 OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL,PALAKKAD
PETITIONER/S:
ANILKUMAR
AGED 47 YEARS
S/O.RAMANARAYANAN, PARAKKALAM, VILAYODI POST, CHITTUR,
PALAKAKD, PIN - 678103
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
SR.PP.SMT.SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4253 OF 2024
2
ORDER
The application is filed under Section 439 of the
Code of Criminal Procedure, 1973, by the 1 st accused in
Crime No.264/2024 of the Meenakshipuram Police
Station, Palakkad, registered against the accused (two
in number) for allegedly committing the offences
punishable under Sections 55(a), 55(I) and 58 of the
Kerala Abkari Act 1 of 1077. The petitioner was arrested
on 25.04.2024.
2. The gist of the prosecution allegation is that: on
25.04.2024, at around 24.10 hours, the 1st accused was
found in possession of 100 ml. of spirit which was meant
for the purpose of mixing in toddy. The 2 nd accused was
found in possession of a polythene cover and rubber
band for the purpose of selling toddy in front of a toddy
shop. The accused were arrested on the spot with the
contraband article. Thus, the accused have committed
the above offences.
3. Heard; Sri.V.A.Johnson, the learned counsel
BAIL APPL. NO. 4253 OF 2024
appearing for the petitioner and Smt.Seetha S., the
learned Public Prosecutor.
4. The learned counsel for the petitioner
submitted that the petitioner is totally innocent of the
accusations levelled against him. He has been falsely
implicated in the crime. The petitioner has been in
judicial custody since 25.04.2024, the investigation in
the case is practically complete and recovery has been
effected. Moreover, the petitioner does not have any
criminal antecedents. Hence, the petitioner may be
released on bail.
5. The learned Public Prosecutor opposed the
application. She submitted that the investigation is in
progress. She also stated that if the petitioner is
released on bail, he would commit similar offence.
Hence, the application may be dismissed.
6. On an anxious consideration of the facts, the
rival submissions made across the Bar and the materials
placed on record, especially on considering the fact that
BAIL APPL. NO. 4253 OF 2024
the petitioner has been in judicial custody since
25.04.2024, that the contraband involved in the case is
of an intermediate quantity, that the petitioner does not
have any criminal antecedents, that the investigation in
the case is practically complete and recovery has been
effected, I am of the view that the petitioner's further
detention is unnecessary. Hence, the petitioner is
entitled to be released on bail.
In the result, the application is allowed, by
directing the petitioner to be released on bail on him
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 court having jurisdiction, which
shall be subject to the following conditions:
(i) The petitioner shall appear before the
Investigating Officer on every Saturday between
9 a.m. and 11 a.m for a period of two months or
till the final report is laid, whichever is earlier.
He shall also appear before the Investigating
Officer as and when required;
(ii) The petitioner shall not directly or indirectly
BAIL APPL. NO. 4253 OF 2024
make any inducement, threat or procure 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 or tamper with
the evidence in any manner, whatsoever;
(iii) The petitioner shall not commit any offence while
he is on bail;
(iv) The petitioner shall surrender his passport, if
any, before the court below at the time of
execution of the bond. If he has no passport, he
shall file an affidavit to the effect before the
court below on the date of execution of the bond;
(v) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be
empowered to consider the application for
cancellation of bail, if any filed, and pass orders
on the same, in accordance with law.
(vi) Applications for deletion/modification of the bail
conditions shall be filed and entertained before
the court below.
(vii) Needless to mention, it would be well within the
powers of the Investigating Officer to investigate
BAIL APPL. NO. 4253 OF 2024
the matter and, if necessary, to effect recoveries
on the information, if any, given by the petitioner
even while the petitioner is on bail as laid down
by the Hon'ble Supreme Court in Sushila
Aggarwal v. State (NCT of Delhi) and Anr.
[2020 (1) KHC 663].
sd/-
C.S.DIAS,JUDGE
rkc/31.05.24
BAIL APPL. NO. 4253 OF 2024
APPENDIX OF BAIL APPL. 4253/2024
PETITIONER ANNEXURES
Annexure 1 ORDER DATED 16-05-2024 IN CRMC 2788/2024
ON I ADDITIONAL DISTRICT COURT & I
ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL,PALAKKAD
