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2022 Supreme(Online)(KER) 31666
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 BAIL APPL. NO. 1009 OF 2022 CRIME NO.5/2022 OF Adimaly Excise Range Office, Idukki PETITIONER/ACCUSED:
SASIDHARAN AGED 61 YEARS MUKKIRIKATTIL, ELLAKKAL -ARUNAPURAM KARA, KUNHITHANNI VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685620 BY ADVS.
N.K.SHYJU GIREESH PANKAJAKSHAN ARCHANA MITHRAN O.K.
DEEPAK RAJ RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV SMT. SEETHA S., SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
['N K SHYJU', '', 'GIREESH PANKAJAKSHAN', 'ARCHANA MITHRAN O K', 'DEEPAK RAJ', 'PUBLIC PROSECUTOR']
O R D E R
The petitioner is the sole accused in Crime No.5/2022 of Adimaly Excise Range, Idukki District alleging commission of offences under Sections
55 (i) and 55 C of the Kerala Abkari Act.
2. The allegation is that on 01-02-2022 the petitioner was found in possession of 4.490 litres of Indian Made Foreign Liquor (IMFL) kept for the purpose of sale. It is alleged that the 2nd accused in the case was consuming liquor after purchasing the same from the petitioner and thereby the 2nd accused committed the offence under Section 55 C of the Abkari Act.
3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that, if at all, the petitioner can only be accused of keeping the liquor in excess of the permitted quantity. It is submitted that the liquor in question was not intended for the purpose of sale. It is submitted that the petitioner is a 61 year old man and has been in custody from 02-02-2022 and his continued detention is not necessary for the purpose of any investigation.
4. The learned Public Prosecutor opposes the grant of bail. It is pointed out that the petitioner has an antecedent in respect of similar offence registered against him. It is submitted that the petitioner had clearly kept IMFL in his shop for the purpose of sale.
5. Having regard to the facts and circumstances of the case and considering the nature of allegations against the petitioner and considering the age of the petitioner and also taking into account the fact that the continued detention of the petitioner may not be necessary for the purposes of any investigation, I am of the view that the petitioner can be granted bail subject to conditions.
In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The Petitioner shall report before the Investigating officer in Crime No.5/2022 of Adimaly Excise Range as and when summoned to do so;
(iii) The petitioner shall not interfere with the investigation, influence or intimidate any witness in Crime No.5/2022 of Adimaly Excise Range; (iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.5/2022 of Adimaly Excise Range may file an application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
APPENDIX OF BAIL APPL. 1009/2022 PETITIONER ANNEXURES Annexure I TRUE COPY OF THE ORDER DATED 02.02.2022 IN CRL.MP.NO:
195/2022 PASSED BY THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, DEVIKULAM.
