Allowed

Shaji R. v. State of Kerala

Kerala HC24 Aug 2022Bail Appl./414/2022

Case brief

AI extract

What is this about?

This is an anticipatory bail application filed by an accused under the Kerala Abkari Act. The High Court, noting no criminal antecedents and the petitioner's claim as an informer, granted anticipatory bail subject to specific conditions including surrender date, cooperation, and non-interference with witnesses.

What did the court decide?

Anticipatory bail granted to petitioner subject to bond execution, surrender by 30.08.2022, and conditions against interfering with investigation or witnesses.

Shaji R. 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 VIJU ABRAHAM

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WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944

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BAIL APPL. NO. 414 OF 2022

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(Crime No. 27/2021 of Bandadka Excise Range)

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PETITIONER/ACCUSED:

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SHAJI R.AGED 37 YEARS
S/O. RAVEENDRAN H., R/AT THALAPPARA HOUSE, THALAPPARA
KUTTIKOL VILLAGE, KASARAGOD DISTRICT.

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BY ADVS.
GOPALAN NAIR A.
P.P.MANIAMMA
VINAY M.E.

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031.

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2 THE EXECISE RANGE OFFICER,

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OFFICE OF THE EXCISE RANGE OFFICER, BANDADKA EXCISE
RANGE, KASARAGOD DISTRICT 671 541.

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OTHER PRESENT:

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PP - SRI. M.C.ASHI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 414 OF 2022

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VIJU ABRAHAM, J

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Dated this the 24th day of August, 2022

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This is an application for anticipatory bail.

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The petitioner is the accused in the Crime No.

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27/2021 of Bandadka Excise Range, alleging commission of offences punishable under Sections 8(1) & 8 (2) of Kerala Abkari Act of 1077.

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The prosecution case is that on 02-04- 2021 at about 05.15 PM the respondent has seized some contraband articles from Thalappara colony and it is alleged that the accused ran away from the scene of occurrence hence they could not be apprehended. As per the seizure Mahasar the excise party has seized 10 litres of white cans that contained about 5 litres of arrack and thereby the accused has committed the aforesaid offences.

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The learned counsel for the petitioner submitted that

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the petitioner has been falsely implicated in the aforesaid crime. The petitioner was in fact an informer to Bandadka

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BAIL APPL. NO. 414 OF 2022

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Excise Office regarding the illegal distilling of arrack. The learned counsel further submitted that the contraband was not seized from the house of the petitioner.

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The learned Public Prosecutor upon instructions submitted that the petitioner was found in possession of 5 litres of arrack, but further submitted that he has no other criminal antecedents. It is seen that this is a crime registered in the year 2021. The investigation is in progress.

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Considering the facts and circumstances of the case and the nature of the allegations and taking into consideration that the petitioner has no other criminal antecedents, I am inclined to grant anticipatory bail to the petitioner. In the result, this application is allowed. Petitioner shall surrender before the investigating officer in Crime No.27/2021 of Bandadka Excise Range, on 30.08.2022 at 11 am and make himself available for interrogation. It is directed that in the event of arrest of the petitioner in Crime No. 27/2021 of Bandadka Excise Range, he shall be produced before the Jurisdictional Magistrate’s Court on the same day and he shall be released on bail subject to the following conditions:-

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BAIL APPL. NO. 414 OF 2022

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(i) The petitioner shall execute a 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) The petitioner shall appear before the investigating officer in Crime No. 27/2021 of Bandadka Excise Range, as and when called for,

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(iii) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 27/2021 of Bandadka Excise Range,

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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. 27/2021 of Bandadka Excise Range, may file an application before the jurisdictional Court, for cancellation of bail.

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BAIL APPL. NO. 414 OF 2022

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It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).

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sd/-

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VIJU ABRAHAM, JUDGE

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R.AV

Shaji R. v. State of Kerala

Case brief

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Shaji R. v. State of Kerala

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