Kerala High Court
Vinod M.S vs State Of Kerala on 9 December, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 09TH DAY OF DECEMBER 2019 / 18TH AGRAHAYANA, 1941
Bail Appl..No.8794 OF 2019
C.R.NO.76/2019 OF THANKAMANY EXCISE RANGE OFFICE, IDUKKI
PETITIONER/ACCUSED:
VINOD M.S.
AGED 46 YEARS
S/O.SOMAN, MANIYANIKKAL HOUSE,
PANIKKANKUDI P.O.,
KOMBAODINJAL, IDUKKI-685571.
BY ADV. SRI.V.SRI NATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-31.
2 THE EXCISE CIRCLE INSPECTOR,
THANKAMANY EXCISE RANGE,
IDUKKI - 685609.
SRI AJITH MURALI PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.8794/2019 2
ORDER
This application is filed under Section 438 of the Cr.P.C.
2. The applicant herein is the accused in C.R.No.76 of 2019 of the Thankamany Excise Range, Idukki Police Station registered under Sections 55(a) and (i) of the Abkari Act, 1077.
3. According to the prosecution, on 22.11.2019, while the Excise Circle Inspector, Anti Narcotic Enforcement Squad was on patrol duty, he received information that the applicant herein was storing Indian Made Foreign Liquor in large quantity in his house. After procuring a warrant, they proceeded to the house of the applicant. On seeing the Excise personnel, the applicant is alleged to have taken to his heels. The search yielded in the detection of 9 bottles of brandy from the kitchen of his house kept concealed in a plastic bag. The alcohol was seized and the crime was registered.
4. Sri. Nath V., the learned counsel appearing for the applicant, submitted that the alcohol was purchased from the State owned Corporation and he can only be held liable under Section 63 of the Act for possessing alcohol in excess of the permissible limits.
B.A.No.8794/2019 3
5. Heard the learned Public Prosecutor who opposed the prayer.
6. I have considered the submissions advanced and have gone through the case diary which was made available. The prosecution has no case that the alcohol seized from the house of the applicant is illicit. There are no materials to suggest that he was indulging in the sale of alcohol. The alcohol having been seized and the applicant not being a person with criminal antecedents, I am of the view that by imposing stringent conditions, he can be granted an order of pre-arrest bail.
In the result, this application will stand allowed. The applicant shall appear before the Investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
(i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period of two months or till final report is filed whichever is earlier.
ii) He 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/her from disclosing such facts to the court or to any police officer.
iii) He shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional B.A.No.8794/2019 4 Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V., Judge Ps/9/12/2019