Kerala High Court
Biju vs State Of Kerala on 3 October, 2024
Author: C.S.Dias
Bench: C.S.Dias
2024:KER:73213
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
BAIL APPL. NO. 7404 OF 2024
CRIME NO.100/2024 OF KOLLAM EXCISE RANGE OFFICE, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 31.08.2024 IN CRMP NO.5041
OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM
PETITIONER/SOLE ACCUSED:
BIJU,
AGED 47 YEARS
S/O.BHARATHAN SARMAN,
ATTUPURATHU VADAKKATHIL VEEDU,
SINKARA PALLI, EAST KALLADA,
KOLLAM -, PIN - 691502
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
MARIYA JOSE
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 EXCISE RANGE OFFICER,
KOLLAM EXCISE RANGE,
KOLLAM DISTRICT, PIN - 691001
BY SMT. SEETHA. S
SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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B.A. No.7404 of 2024 2
Dated this the 3rd day of October, 2024
ORDER
The application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, by the sole
accused in Crime No. 100/2024 of the Kollam Excise
Range Office, Kollam, which is registered against him for
allegedly committing the offences punishable under
Sections 8(1) and 8(2) of the Kerala Abkari Act, 1 of
1077. The petitioner was arrested and remanded to
judicial custody on 29.08.2024.
2. The crux of the prosecution case is that:
on 29.08.2024, at around 18:50 hours, the accused was
found in conscious possession of 5 litres of arrack, which
was meant for sale. The accused was arrested on the
spot with the contraband article. Thus, the accused has
committed the above offences.
3. Heard; Sri. K. Siju, the learned counsel
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appearing for the petitioner and Smt. Seetha. S., the
learned Senior Public Prosecutor.
4. The learned counsel for the petitioner
submitted that the petitioner is totally innocent of the
accusations levelled against him. There is no material to
substantiate the petitioner's involvement in the crime.
The Investigating Office has deliberately implicated the
petitioner as an accused due to his previous animosity.
The petitioner has been in judicial custody since
29.08.2024, the investigation in the case is complete,
and recovery has been effected. Hence, the petitioner
may be released on bail.
5. The learned Public Prosecutor opposed
the application. The Investigating Officer has filed a bail
objection report, inter alia, contending that the
petitioner is a habitual offender since he is involved in
five other crimes of a similar nature. If the petitioner is
released on bail, he would commit a similar offence.
Hence, the application may be dismissed.
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6. The prosecution case is that, the petitioner
was found in conscious possession of 5 litres of arrack.
He was arrested on the spot with the contraband article.
It is well settled in Hussainara Khatoon (I) v. Home
Secy., State of Bihar [(1980) 1 SCC 81] that merely
because an accused has same criminal antecedents, the
same shall not be treated as a ground to deny bail to an
accused. The fact remains that the petitioner has been in
judicial custody for the last 37 days, the investigation in
the case is complete, and the recovery has been effected.
7. 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
the petitioner has been in judicial custody since
29.08.2024, that the contraband involved in the case is
of a small quantity, that the investigation in the case is
practically complete, and that the recovery has been
effected, I am of the view that the petitioner's further
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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 till the filing of the final report.
Thereafter, he shall also appear before the
Investigating Officer on every third Saturday of
every month till 9 a.m. and 11 a.m till the
conclusion of the trial in Crime No.100/2024;
(ii) The petitioner shall not directly or
indirectly make any inducement, threat or procure
to any person acquainted with the facts of the case
so as to dissuade them from disclosing such facts
to the court or to any Police Officer or tamper with
the evidence in any manner, whatsoever;
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(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) The petitioner shall not leave the
jurisdiction limits of the Court of Session, Kollam,
without the previous permission of the
jurisdictional court.
(vi) 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.
(vii) Applications for deletion/modification
of the bail conditions shall be moved and
entertained by the court below.
(viii) Needless to mention, it would be well
within the powers of the Investigating Officer to
investigate the matter and, if necessary, to effect
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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
another [2020 (1) KHC 663].
Sd/-
C.S.DIAS, JUDGE
mtk/03.10.2024
2024:KER:73213
APPENDIX OF BAIL APPL. 7404/2024
PETITIONER ANNEXURES
Annexure A1 THE REMAND REPORT DATED 29.8.2024
SUBMITTED IN C.R NO.100/2024 OF KOLLAM
EXCISE RANGE BEFORE THE JFMC, KOLLAM
Annexure A2 THE COPY OF ORDER IN CRL.M.P NO.
5041/2024 DATED 31.8.2024 ON THE FILE OF
JFMC-I, KOLLAM
