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2022 Supreme(Online)(KER) 61338
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 BAIL APPL. NO. 4223 OF 2022 CRIME NO. 16/2022 OF THIRUPURAM EXCISE RANGE, THIRUVANANTHAPURAM CRIME NO.16/2022 OF Thirupuram Excise Range Office, Thiruvananthapuram PETITIONER/S:
VIJIN RAJ AGED 25 YEARS S/O.CHELLAYYAN, CHOOZHAL VILLAGE, VILAVANCODE TALUK, KANYAKUMARI DISTRICT, TAMIL NADU PIN - 629163 BY ADV BABU S. NAIR RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE EXCISE INSPECTOR THIRUPURAM EXCISE RANGE, TRIVANDRUM DISTRICT PIN - 695133 BY ADV PUBLIC PROSECUTOR SRI.M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM, J.
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Dated this the 17th day of June, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is the sole accused in Crime No. 16/2022 of Thirupuram Excise Range, Thiruvananthapuram, alleging commission of offence punishable under Sections 58 and 55(i) of the Abkari Act.
3. The prosecution allegation is that, the petitioner is running a chicken shop at a place called Karumaram and on getting information that Indian made foreign liquor is being unauthorizedly sold, the excise party came to the scene and seized 1.400 liters of Indian made foreign liquor, which is meant to be sold only in Tamil Nadu, from a scooter parked in front of the chicken shop owned by the petitioner.
4. The petitioner submits that he has been falsely implicated in the said crime and the quantity seized is only 1.4 liters of Indian made foreign liquor, to be sold in Tamil Nadu. It is further submitted that the place where the alleged seizure was effected is in the boarder of Kerala and Tamil Nadu, ie., one side of the road is Kerala and other side is Tamil Nadu and the liquor is within the permissible quantity of 1.4 liters when it is sold in Tamil Nadu State.
5. I have heard the learned Public Prosecutor also.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to conditions. In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in Crime No. 16/2022 of Thirupuram Excise Range, subject to the following conditions:-
(i) Petitioner shall execute bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like-sum to the satisfaction of the Arresting officer ;
(ii) Petitioner shall appear before the investigating officer in Crime No. 16/2022 of Thirupuram Excise Range on 27.06.2022 and as and when summoned to do so;
(iii) 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. 16/2022 of Thirupuram Excise Range, may file an application before the jurisdictional Court, for cancellation of bail.
