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2022 Supreme(Online)(KER) 64077
HIGH COURT OF KERALA
VIJU ABRAHAM, J
RAJIN KUMAR @ KANNAN – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./7809/2022
The court established that extended custody and the appropriateness of bail conditions can warrant the granting of bail even amid serious charges.
Headnote:
Bail - Regular Bail Application - Abkari Act, IPC, PDPP Act - The court considered factors like the duration of custody and the nature of the alleged offense in granting bail, while emphasizing the need for conditions to ensure compliance.
Fact of the Case:
The petitioner was accused of possessing illegal Indian Made Foreign Liquor (IMFL) meant for sale in another state and causing injury to Excise Department officials while driving recklessly. He sought regular bail after being in custody since September 2022.
Finding of the Court:
The court found that the petitioner had been in custody for a significant period and noted that another accused had already been granted bail. The prosecution's arguments regarding the seriousness of the allegations were considered, but the court decided that bail could be granted.
Issues: Whether the application for bail should be granted based on the facts of the case, considering the duration of custody and accusations against the petitioner.
Ratio Decidendi: The court determined bail was appropriate given the petitioner's prolonged custody and the circumstances of the case, establishing that bail can be granted despite serious allegations provided conditions are imposed.
Final Decision: Bail application allowed with specific conditions.
ORDER
This is an application for regular bail.
2. The Petitioner is arrayed as accused No.1 in Crime No.409 of 2022 of Manjeshwar Police Station, Kasaragod. The above crime was registered under Section 58 of Abkari Act , Sections 332 and 333 IPC and Section 3 (1) of PDPP Act.
3. The prosecution allegation is that on 20-05-2022 at about
23 hours at Songal in Kodibayal village the accused were found in possession of 833 packets of IMFL meant for sale in Karnataka only in a Swift car bearing registration No.KA 19 7052 while the said vehicle was driven by the accused in a rash and negligent manner and hit against the Excise Department vehicle and the officials sustained injuries and thereby committed the offences as alleged by the prosecution.
4. Petitioner submits that he is in custody from 17.09.2022 onwards and that he has been falsely implicated in the abovesaid crime. Petitioner further submits that the 2nd accused is already granted bail by this Court as per order dated 22.06.2022 in
5. Learned Public Prosecutor seriously opposed the application for bail, mainly contending that the accused were found in possession of 833 packets of IMFL meant for sale in Karnataka in a Swift car bearing registration No.KA 19 7052 while the said vehicle was driven by the accused in a rash and negligent manner and hit against the Excise Department vehicle and the officials sustained injuries and thereby committed the offences. Learned Public Prosecutor upon instruction submitted that in the alleged crime petitioners have caused damage to a tune of Rs.85,000/- to the Government and thereupon the offence punishable under Section
3(1) of PDPP Act is also incorporated.
Considering the facts and circumstances of the case and also taking into consideration the fact that petitioner is in custody from 17.09.2022 onwards, I am inclined to grant bail to the petitioner. In the result, the 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 Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer in Crime No.409 of 2022 of Manjeshwar Police Station, Kasaragod District on all Saturdays at 11.00 a.m. until filing of final report.
(iii) He shall remit a sum of Rs.85,000/- (Rupees eightyfive thousand only) before the jurisdictional court within two months from the date of release.
(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(v) He shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.409 of 2022 of Manjeshwar Police Station, Kasaragod District may file an application before the jurisdictional court, for cancellation of bail.
