Allowed

Raji v. State of Kerala

Kerala HC10 Aug 2022Bail Appl./5847/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail to the petitioner Raji, accused under Section 55(i) of the Kerala Abkari Act for possessing Indian Made Foreign Liquor, subject to stringent conditions regarding bond execution, investigation cooperation, and non-interference.

What did the court decide?

Petitioner granted anticipatory bail subject to execution of bond, appearance before investigating officer, non-interference with investigation/witnesses, and no new crime.

Raji Vs State of Kerala — Property and Title | 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 10^TH DAY OF AUGUST 2022/19TH SRAVANA, 1944

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BAIL APPL. NO. 5847 OF 2022

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CRIME NO.5847/2022 OF KARUNAGAPALLY EXCISE RANGE OFFICE,

KOLLAM

PETITIONER:

RAJI

AGED 41 YEARS, W/O. SATHEESAN, PUTHENTHOPPU PUTHUVAL, MARY LAND, NEENDAKARA VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN 691582

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BY ADV E.C.AHAMED FAZIL

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2 THE EXCISE RANGE INSPECTOR KARUNAGAPALLY EXCISE RANGE OFFICE, KOLLAM , PIN – 690544

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BY ADV

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SMT.SEETHA.S – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA. No.5847/2022

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O R D E R

Dated this the 10^th day of August, 2022

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This is an application for Anticipatory Bail.

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The petitioner is the sole accused in Crime No.141/2022 of Karunagapally Excise Range Office, Kollam alleging commission of offences punishable under Sections 55(i) of the Kerala Abkari Act.

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The prosecution case is that, on 01.07.2022 at about 8.00 am, the petitioner herein was allegedly found in possession of 3.8 liters of Indian Made Foreign Liquor from the premises of petitioner and thereby committed the above said offence.

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The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and further submitted that the petitioner's son met with an accident and he is undergoing treatment as is evident from Anx.A1 and A2 - Medical records.

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The learned Public Prosecutor, upon instruction, submitted that the contraband was seized from the house of

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BA. No.5847/2022

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..3..

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the petitioner and that she has no other criminal antecedents also.

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Having regard to the facts and circumstances of the

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case and considering the nature of the allegations, I am inclined to grant anticipatory bail to the petitioner subject to stringent conditions. In the result, this application is allowed. In the event of arrest of the petitioner in Crime No.141/2022 of Karunagapally Excise Range Office, Kollam, the petitioner shall be produced before the jurisdictional magistrate and shall be released on bail, 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 appear before the investigating officer in Crime No.141/2022 of Karunagapally Excise Range Office, Kollam as

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and when summoned to do so;

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(iii) Petitioner shall not attempt to interfere

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BA. No.5847/2022

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..4..

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with the investigation or to influence or intimidate any witness in Crime No.141/2022

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of Karunagapally Excise Range Office, Kollam;

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(iv) Petitioner shall not involve in any other

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crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.141/2022 of Karunagapally Excise Range Office, Kollam may file an application before the jurisdictional Court, for cancellation of bail.

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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

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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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ded/10.08.2022

Raji v. State of Kerala

Case brief

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Raji v. State of Kerala

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