Allowed

Shaji, v. State of Kerala

Kerala HC20 Jan 2022Bail Appl./111/2022

Case brief

AI extract

What is this about?

The Court allowed an application for anticipatory bail. The petitioner, accused of possessing illicit arrack, was to be released subject to executing a bond, cooperating with investigation, and not interfering with witnesses or committing other crimes.

What did the court decide?

Anticipatory bail allowed; petitioner directed to release on bail upon arrest subject to specified conditions including bond execution and cooperation with investigation.

Shaji, Vs State of Kerala — Anticipatory Bail | Kerala HC (2022)

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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 GOPINATH P.

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THURSDAY, THE 20TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943

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BAIL APPL. NO. 111 OF 2022

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AGAINST THE ORDER IN CRMP 2165/2021 OF ADDITIONAL SESSIONS COURT,KOTTAYAM
CRIME NO.153/2021 OF VAIKOM EXCISE RANGE OFFICE

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PETITIONER/ACCUSED:

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SHAJI,
AGED 58 YEARS
S/O.KARUNAKARAN, PADINJAREPALLAKATU HOUSE, THALAYAZHAM
VILLAGE, VAIKOM TALUK, KOTTAYAM.
BY ADVS.
NINU M.DAS
S.A.ANAND
SHONE GEORGE
BINEESH KODIYERI

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, KOCHI-682 031.

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ADV ASHI (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 111 OF 2022 2

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ORDER

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This is an application for anticipatory bail.

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Petitioner is the accused in Crime No.153/2021 of Vaikom Excise Range Office, alleging commission of offences under Sections 8(1) and 8(2) of the Abkari Act.

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Allegation against the petitioner is that on 14.12.2021, at 11.45 am, the petitioner was found in possession of 2 litres of illicit arrack. It is alleged that on seeing the officials of the Excise Department, the petitioner abandoned the plastic cover containing arrack and fled away from the area.

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Learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter and has been roped in on the basis of some misunderstanding. It is submitted that no quantity of arrack was recovered from the possession of the petitioner and that the petitioner is absolutely innocent in the matter. Finally, it is submitted that taking into account the nature of the allegations against the petitioner, custodial interrogation of the petitioner is not necessary.

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BAIL APPL. NO. 111 OF 2022 3

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I have heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of

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the case and considering the nature of the allegations against the petitioner and considering the fact that his custody may not be necessary for the proper investigation into matter, I am of the opinion that anticipatory bail can be granted to the petitioner subject to conditions.

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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.153/2021 of Vaikom Excise Range Office, subject to the following conditions:-

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(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall co-operate with the investigation in every manner and shall appear before the investigating officer in Crime No.153/2021 of Vaikom Excise Range Office, at 09.00 am on 25.01.2022. Thereupon his arrest shall be recorded after being subjected to any interrogation that may be necessary, the petitioner shall be released on bail in terms

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BAIL APPL. NO. 111 OF 2022 4

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of this order. Thereafter, the petitioner shall appear before the investigating officer in Crime No.153/2021 of Vaikom Excise Range Office as and when called upon to do so;

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(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.153/2021 of Vaikom Excise Range Office;

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(iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.153/2021 of Vaikom Excise Range Office may file an application before the jurisdictional Court, for cancellation of bail.

sd/-

GOPINATH P.

JUDGE

ajt

Shaji, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaji, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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