Allowed

Baby v. State of Kerala

Kerala HC17 Dec 2021Bail Appl./6858/2021

Case brief

AI extract

What is this about?

This bail application allowed to the petitioner facing offences under the Kerala Abkari Act I, 1877. The Court directed release on bail subject to surrender, execution of a bond with sureties, and specific conditions regarding appearance and conduct during the investigation period.

What did the court decide?

Petitioner directed to surrender within two weeks and released on bail upon execution of bond for Rs.50,000/- with two solvent sureties, subject to specific reporting and conduct conditions.

Baby Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 17^TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943

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BAIL APPL. NO. 6858 OF 2021

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CRIME NO.202 OF 2021 OF KARUNAGAPPALLY EXCISE RANGE,

KOLLAM

PETITIONER:

BABY,

AGED 42 YEARS, S/O. BHASKARAN, KIZHAKKATHIL, KOCHU MADATHIL, MAHADEVAR COLONY, KALLELI BHAGOM VILLAGE, KARUNAGAPPALLY, KOLLAM-690 518.

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BY ADV M.R.SASITH

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY THE PUBLICPROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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SMT C.SEENA-PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.12.2021, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

B.A.No.6858 of 2021

P.G. AJITHKUMAR, J.

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-----------------------------------------------------------

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B.A.No. 6858 of 2021

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----------------------------------------------------------Dated this the 17^th day of December, 2021

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O R D E R

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This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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The petitioner is the sole accused in Crime No.202

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of 2021 of Karunagappally Excise Range, Kollam. The offences alleged are under Sections 8(1), 8(2) and 67B of the Kerala Abkari Act I of 1077.

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The allegations are that at about 7.50 a.m. on 31.07.2021, while the Preventive Officer attached to the Excise Range Office, Karunagappally, along with his colleagues was on patrol duty, found the accused riding a scooter bearing No.KL-19-A-422 along the road leading to Mahadevan Colony, Kallilibhagom, Karunagappally and on seeing the excise party, the rider, the petitioner, stopped the scooter and ran away. On search, 1.5 litres of arrack was found concealed in the scooter,

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and thereby he committed the offences alleged.

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B.A.No.6858 of 2021

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

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The learned Public Prosecutor has placed on record the report of the Circle Inspector of Excise, Karunagappally.

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The offence was committed on 31.07.2021. The

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scooter and the contraband were seized then and there. The petitioner approached this Court by filing this bail application on 03.09.2021. The learned counsel for the petitioner would contend that the petitioner has been available within the limits of Karungappally Excise Range and Excise party did not try to arrest him at all and that shows that he is not the person involved in the crime. It is further pointed out that the petitioner is not the owner of the scooter and it belongs to another person named Rajamani.

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The learned Public Prosecutor would submit that in the light of the bar under Section 41A of the Abkari Act, the petitioner cannot be granted anticipatory bail, especially since the patrol party identified the petitioner as the person accused of from the scene of occurrence itself.

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B.A.No.6858 of 2021

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It is true that the offence is serious in nature. Possession of arrack, whatever be the quantity, is a serious offence and be dealt with very strictly. In this case, however, considering the lapse of time and the fact that the contraband and the vehicle are already seized, I find no reason to detain the petitioner in jail during the period of investigation. I am not forgetting the fact that the provisions of Section 41A of the Abkari Act bar the grant of bail as long as it is able to find that the petitioner is prima facie innocent and there is no possibility of his committing offence while on bail. In the facts and circumstances of this case, especially that there is no history of the petitioner's involving in any other crime so far, I am of the view that he can be directed to be released on bail.

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In such circumstances, this bail application is allowed and the petitioner is directed to surrender before the investigating officer within two weeks. After interrogation and in the event of his being arrested, he shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount

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B.A.No.6858 of 2021

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each, to the satisfaction of the investigating officer, and on the following conditions:

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(i) Once released on bail, he shall appear before the Investigating Officer on every Tuesday and Friday between 10.00 a.m. and 11.00 a.m. for a period of three months or till the final report is filed, whichever is earlier;;

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(ii) He shall not influence or intimidate witnesses or tamper with evidence; and

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(iii) During the bail period, he shall not get involved in any offence.

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In case of breach of the bail conditions, the prosecution shall

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be at liberty to apply for cancellation of the bail before the jurisdictional court.

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

Baby v. State of Kerala

Case brief

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Baby v. State of Kerala

Case brief

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