Kerala High Court
Ajesh vs State Of Kerala on 27 January, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:6007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
BAIL APPL. NO. 833 OF 2025
CRIME NO.6/2025 OF NADAPURAM EXCISE RANGE OFFICE,
KOZHIKODE
PETITIONER/ACCUSED:
AJESH
AGED 46 YEARS, S/O KUMARAN, PACHOLATHIL HOUSE,
PURAMERY VILLAGE, MUTHUVADATHOOR DESOM,
VATAKARA TALUK., PIN - 673 503.
BY ADV
M.R.SASITH
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
BY ADV
HRITHWIK C.S, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:6007
B.A No.833 of 2025
:2:
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.833 of 2025
-------------------------------
Dated this the 27th day of January, 2025
ORDER
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the accused in Crime No.6 of 2025 of Nadapuram Excise Range Office. The above case is registered against the petitioner alleging offence punishable under Section 55(i) of the Kerala Abkari Act.
3. The prosecution case is that on 14.01.2025 at 11:15 a.m, the accused was found in possession of 6 liters of Indian Made Foreign Liquor. Hence it is alleged that the accused committed the offence.
4. Heard counsel for the petitioner and the Public Prosecutor.
2025:KER:6007 B.A No.833 of 2025 :3:
5. Counsel appearing for the petitioner submitted that the petitioner is in custody from 14.01.2025. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grants him bail.
6. Public Prosecutor opposed the bail application. But, the Public Prosecutor submitted that as per the report received by him, no criminal antecedent is alleged against the petitioner.
7. This Court considered the contention of the petitioner and the Public Prosecutor. It is true that the allegation against the petitioner is serious. But, the prosecution case is that the petitioner was found in possession of Indian Made Foreign Liquor, which is available in market. The petitioner is in custody from 14.01.2025. Considering the facts and circumstances of the case, I think the petitioner can be released on bail after imposing stringent conditions.
2025:KER:6007 B.A No.833 of 2025 :4:
8. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement [2019 (16) SCALE 870], after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.
9. Moreover, in Jalaluddin Khan v. Union of India [2024 KHC 6431], the Hon'ble Supreme Court observed that:
"21. Before we part with the Judgment, we must mention here that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could 2025:KER:6007 B.A No.833 of 2025 :5: not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in accordance with the law. "Bail is the rule and jail is an exception" is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modification that the bail can be granted if the conditions in the statute are satisfied. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail. If the Courts start denying bail in deserving cases, it will be a violation of the rights guaranteed 2025:KER:6007 B.A No.833 of 2025 :6: under Art.21 of our Constitution."
(underline supplied)
10. In Manish Sisodia v. Directorate of Enforcement [2024 KHC 6426], also the Hon'ble Supreme Court observed that:
"53. The Court further observed that, over a period of time, the trial courts and the High Courts have forgotten a very well - settled principle of law that bail is not to be withheld as a punishment. From our experience, we can say that it appears that the trial courts and the High Courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach. On account of non - grant of bail even in straight forward open and shut cases, this Court is flooded with huge number of bail petitions thereby adding 2025:KER:6007 B.A No.833 of 2025 :7: to the huge pendency. It is high time that the trial courts and the High Courts should recognize the principle that "bail is rule and jail is exception".
Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:
1. Petitioner shall be released on bail on executing a bond for Rs.50,000/-
(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any 2025:KER:6007 B.A No.833 of 2025 :8: inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
4. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty 2025:KER:6007 B.A No.833 of 2025 :9: to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions.
Sd/-
P.V.KUNHIKRISHNAN JUDGE AMR