Kerala High Court
Vijayan vs State Of Kerala on 25 April, 2025
2025:KER:33136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
BAIL APPL. NO. 5664 OF 2025
CRIME NO.62/2025 OF Karunagappally Excise Range Office, Kollam
AGAINST THE ORDER/JUDGMENT DATED 25.03.2025 IN CMP NO.1222 OF
2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, KARUNAGAPPALLY
PETITIONER:
VIJAYAN
AGED 39 YEARS
S/O.RAVEENDRAN, VRINDAVANAM, PAVUMBA NORTH, PAVUMBA
VILLAGE, PAVUMBA P.O., KARUNAGAPPALLY TALUK, KOLLAM.,
PIN - 690574
BY ADVS.
T.S.HARIKUMAR
P.B.SAHASRANAMAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY PP SRI. G. SUDHEER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appln. No. 5664 of 2025 -2-
2025:KER:33136
ORDER
Dated this the 25th day of April, 2025
This petition seeking regular bail has been filed by the sole
accused in Crime No.62/2025 of Karunagappally Excise registered
alleging commission of offences punishable under Sections 58 and
55(i) of Kerala Abkari Act.
2. The prosecution allegation is that on 15.03.2025, at 1.50
PM the petitioner was found keeping and possessing 57 litres of
Indian Made Foreign Liquor and 23 litres of illicit liquor in his
residential building bearing No.VI/550 of Thazhava Grama Panchayat
for the purpose of sale in violation of the provisions of the Abkari Act
and thereby committed the offences mentioned above.
3. Heard the learned Counsel appearing for the petitioner as
well as the learned Public Prosecutor and perused the available
records.
4. A perusal of the records reveal that the accusation
against the petitioner is prima facie well founded. The allegation that
the petitioner dared to possess huge quantity of Indian Made Foreign
Liquor as well as illicit liquor for the purpose of sale in his residential
house regardless of the prohibition contained under the Abkari Act
cannot be viewed lightly. Anyhow the petitioner was caught red-
handed with the contraband on 15.03.2025 and since then he has
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been in custody. The investigation in this case appears to have
progressed substantially and is in the verge of completion. More
pretently no criminal antecedents are pointed out against the
petitioner.
Hence considering the days of detention already undergone by
the petitioner and the stage of investigation, I am inclined to grant
bail to him on the following conditions:-
1. Petitioner shall execute a bond for Rs.1,00,000/-
(Rupees One lakh 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 on every Monday between 10 a.m. and 11
a.m. for a period of three months or until the final
report is filed, whichever occurs first.
3. 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.
4. Petitioner shall not leave India without permission of
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the jurisdictional Court.
5. Petitioner shall not commit any offence while on bail.
6. If the petitioner violates any of the above conditions,
the investigating officer is at liberty to file
appropriate application for cancellation of bail before
the jurisdictional court and if such an application is
filed the jurisdictional court can pass appropriate
orders irrespective of the fact that this order is
passed by this Court.
Sd/-
JOBIN SEBASTIAN
JUDGE
sbk/-
