IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 14^TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944 BAIL APPL. NO. 516 OF 2023 CR.NO.5 OF 2023 OF PATTAMBI EXCISE RANGE OFFICE, PALAKKAD PETITIONER/ACCUSED:

RAMAKRISHNAN, AGED 57 YEARS, SON OF PANKU, PADIKKAPARAMBIL HOUSE, KOZHIKKOTTIRI (P.O), PATTAMBI, PALAKKAD DISTRICT, PIN – 679303.

BY ADV NIREESH MATHEW RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.

BY SENIOR PUBLIC PROSECUTOR SMT.T.V.NEEMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON

02.02.2023, THE COURT ON 14.02.2023 DELIVERED THE FOLLOWING:

A.BADHARUDEEN, J.

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B.A.No.516 of 2023 ================================

Dated this the 14^th day of February, 2023

O R D E R

The petitioner is the accused in C.R No.5/2023 of Pattambi Excise Range Office, Palakkad. The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, seeking regular bail, where he alleged to have committed offences punishable under Section 8(1) & (2) of the Kerala Abkari Act. 2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. The prosecution case is that at 7.20 p.m on 11.01.2023, the accused herein possessed 3.5 litre of arrack mixed with IMFL for the purpose of sale. He was nabbed along with contraband and crime alleging offences punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act, was registered.

4. The learned counsel for the petitioner submitted that the petitioner is innocent and he is liable to be released on bail. He also pointed out the progress of the investigation and the custody of the petitioner from 11.01.2023 onwards, while pressing for bail.

5. Whereas the learned Public Prosecutor vehemently opposed the regular bail on the submission that though the quantity of the contraband in the present crime is only 3.5 litre of arrack, the petitioner had involvement in two more crimes during the year 2019 and 2021 and in the said cases, contraband recovered were 1 litre of arrack and 708 litre of Wash as well as 5 litre of arrack and 1100 litre of Wash. Hence, the petitioner is a habitual offender. Therefore his immediate release on bail, not only would hamper the investigation but also would facilitate him to involve in crimes of similar nature.

6. On perusal of the case diary, it is true that the petitioner was nabbed on 11.01.2023 when he was found in possession of 3.5 litre of arrack mixed with IMFL. But as per CR.No.47/2019 of Pattambi Range alleging commission of offence punishable under Sections 8(1) & (2) and 55(g) of the Kerala Abkari Act, he alleged to have possessed 1 litre of arrack and 708 litre of Wash. Similarly, in another crime of the same station vide CR.No.81/2021, he was found in possession of 5 litre of arrack and 1100 litre of Wash. Thus the prosecution allegation that the petitioner is a habitual offender and has been continuously involving in Abkari offences is having force. The involvement of the petitioner in repeated crimes is noted with extreme displeasure. However, having noted his custody from 11.01.2023 onwards and the progress of the investigation, I am inclined to release the petitioner on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. Accused/petitioner shall