Petitioner accused in illicit sale of the Indian Made Foreign Liquor was granted bail as his continued detention will cause prejudice to him : High Court of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE GOPINATH P MONDAY THE 21ST DAY OF MARCH 2022 30TH PHALGUNA 1943 BAIL APPL. NO. 2038 OF 2022 CRIME NO.24 2022 OF VAMANAPURAM EXCISE RANGE OFFICE PETITIONER ACCUSEDr w Section 63 of the Kerala Abkari Act 3. The allegation against the petitioner is that on 01.03.2022 at 12.45 pm the petitioner was found in possession of 12.75 litres of Indian Made Foreign Liquor and engaged in illicit sale in contravention of the provisions of the Abkari Act and that an amount of Rs.31 200 which allegedly is the proceeds of sale also was recovered from the petitioner. 4. The learned counsel for the petitioner submits that the petitioner has been in custody for 20 days and that his continued detention is not necessary for the purpose of any investigation. It is further submitted that the petitioner has been falsely implicated in the matter and that the petitioner was not engaged in any illicit sale of the Indian Made Foreign Liquor. It is also submitted that the continued detention of the petitioner will cause prejudice to the BA No.2038 2022 5. The learned Public Prosecutor vehemently opposes grant of bail. It is submitted that there are criminal antecedents insofar as the petitioner is concerned and Crime No.720 of the very same Excise Range Office has been registered against the petitioner alleging commission of similar offences. It is further submitted that if the petitioner is released on bail there is every chance of repeating similar offences in future 6. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 20 days and since his continued detention may not be necessary for the purpose of any investigation I am of the view that the petitioner can be granted bail subject to conditions. The apprehension expressed by the learned Public Prosecutor that the petitioner may engage in similar offences if he is released on bail can be safe guarded by imposing appropriate conditions In the result the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following a) The petitioner shall execute bond for a sum of Rs.50 000 Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional BA No.2038 2022 b)Petitioner shall appear before the investigating officer in Crime No. 24 of 2022 of Vamanapuram Excise Range Office Thiruvananthapuram District whenever called upon c) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 222 of Vamanapuram Excise Range Office Thiruvananthapuram District d)The petitioner shall not involve in any other crime while on to do so If any of the aforesaid conditions is violated the investigating officer in Crime No. 24 of 2022 of Vamanapuram Excise Range Office Thiruvananthapuram District may file an application before the jurisdictional court for cancellation of bail

Summary: Petitioner who was accused to be engaged in illegal sale of Indian Made Foreign Liquor was granted bail after custody of 20 days as his continued detention is not necessary for the purpose of investigation and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P in the case of ANIKUTTAN vs. STATE OF KERALA (BAIL APPL. NO. 2038 OF 2022) on 21st March, 2022. Brief facts of the case are that allegation against the petitioner is that on 01.03.2022 at 12.45 pm, the petitioner was found in possession of 12.75 litres of Indian Made Foreign Liquor and engaged in illicit sale in contravention of the provisions of the Abkari Act and that an amount of Rs.31,200/-, which, allegedly, is the proceeds of sale, also was recovered from the petitioner. Learned counsel for petitioner submits that the petitioner has been in custody for 20 days and that his continued detention is not necessary for the purpose of any investigation. Petitioner has been falsely implicated in the matter and that the petitioner was not engaged in any illicit sale of the Indian Made Foreign Liquor. It is also submitted that the continued detention of the petitioner will cause prejudice to the petitioner. Learned Public Prosecutor vehemently opposes grant of bail. It is submitted that there are criminal antecedents insofar as the petitioner is concerned and Crime No.78 of 2020 of the very same Excise Range Office has been registered against the petitioner alleging commission of similar offences. It is further submitted that if the petitioner is released on bail, there is every chance of repeating similar offences in future. Regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 20 days and since his continued detention may not be necessary for the purpose of any investigation, Court decided that the petitioner can be granted bail, subject to conditions. The apprehension expressed by the learned Public Prosecutor that the petitioner may engage in similar offences, if he is released on bail, can be safe guarded by imposing appropriate conditions. )The petitioner shall execute bond for a sum of Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court, petitioner shall not attempt to interfere with the investigation or to influence any witness and shall appear before the investigating officer whenever called. If any of conditions is violated the investigating officer may file an application before the jurisdictional court for cancellation of bail.