Allowed

Biju. K.T v. State of Kerala

Kerala HC14 Sept 2021Bail Appl./5816/2021

Case brief

AI extract

What is this about?

This bail application was filed by an accused apprehending arrest for storing Indian Made Foreign Liquor under the Abkari Act. The court, finding no material connecting the petitioner to the seized contraband, directed surrender for interrogation with bail on the same day subject to conditions.

What did the court decide?

Petitioner directed to surrender for interrogation on 20.09.2021 and shall be released on bail the same day subject to bond and conditions.

Biju. K.T Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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BAIL APPL. NO. 5816 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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TUESDAY, THE 14^TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943

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BAIL APPL. NO. 5816 OF 2021

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(CRIME NO.134 OF 2021 OF EXCISE RANGE, HOSDURG, KASARAGOD

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DISTRICT)

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PETITIONER/ACCUSED

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BIJU. K.T AGED 36 YEARS S/O.NARAYNAN, MANDALAM, VAZHUNNORODI, PUDUKAI VILLAGE, PUDUKAI, HOSDURG TALUK.

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BY ADVS. M.RAMESH CHANDER (SR.) K.A.SANJEETHA BALU TOM

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RESPONDENT/COMPLAINANT/STATE

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STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

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OTHER PRESENT:

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SMT.SREEJA.V- SR.P.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 5816 OF 2021

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ORDER

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Apprehending arrest in connection with Crime No.134 of 2021 registered for the offences punishable under Section 58 of the

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Abkari Act, this petitioner has moved this application for pre-arrest bail.

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The prosecution case is that the excise officials on 13.07.2021 received a secret information that 25.92 litres of Indian Made Foreign Liquor which is meant for sale in Karnataka state are concealed in an abandoned latrine situated in the property of one Ganeshan and on getting the information, they proceeded to that place and seized the contraband. On enquiry it was revealed that this petitioner has stored the same for sale in contravention of the provisions of the Abkari Act and thus the crime has been registered against him.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The submission made by the learned counsel for the

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BAIL APPL. NO. 5816 OF 2021

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petitioner is that he has absolutely no connection with the contraband seized by the excise party. In fact he is residing far away from the place of occurrence and the property where the contraband seized belongs to one Ganeshan. He has absolutely nothing to do with the alleged incident. But he apprehends unnecessary arrest and hence, he approached this Court with this application.

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The learned Public Prosecutor on instructions submits that this petitioner has absolutely no criminal antecedents. Now the investigation of the case is well in progress.

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The prosecution could not gather any materials to infer that this petitioner has stored the contraband articles at the place of occurrence. The property belongs to one Ganeshan. Of course the investigation of the case is only in progress and that be so, it is not possible to conclude that this petitioner has stored the contraband which is meant for sale in Karnataka State for unlawful gain in contravention of the provisions of the Abkari Act.

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As such materials are not available to connect this petitioner with the alleged crime. As the complicity of this petitioner is not

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BAIL APPL. NO. 5816 OF 2021

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revealed as such from the materials collected by the investigating agency, I find it just and proper to consider this application directing the petitioner to surrender before the Investigating Officer on 20.9.2021 between 10.30 a.m and 11.30 a.m. Upon his surrender after interrogation he shall be released on bail on the very same day subject to the following conditions:

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(i) The petitioner shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each in the event of arrest by the police in connection with the above crime.

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(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall cooperate with the investigation of the case.

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(iii) The petitioner 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 or tamper with the evidence.

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(iv) The petitioner shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the

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BAIL APPL. NO. 5816 OF 2021

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learned Magistrate is empowered to cancel the bail in

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accordance with the law.

Sd/-

SHIRCY V.

smm

JUDGE

Biju. K.T v. State of Kerala

Case brief

What is this about?

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Biju. K.T v. State of Kerala

Case brief

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