AI Structured Summary
Not yet generated for this judgment
Judgment
Gopinath P., J.
The petitioner in both these cases is one and the same person. In B.A.No.10067 of 2021, bail is sought in respect of Crime No.271 of 2021 of
Kasargod Excise Range, where the allegation is that on 19.11.2021, the petitioner was found in possession of 4.32 litres of IMFL meant for sale in
Karnataka while riding a scooter within the limits of Kasargod Municipality. In Crime No.264 of 2021, out of which B.A.No.10060 of 2021 arises, the
allegation against the petitioner is that on 11.11.2021 at about 11.30 am, the petitioner was found in possession of 15.3 litres of IMFL meant for sale in
Karnataka which was concealed in a shed attached to the house bearing No.9/271 belonging to the accused within the limits of Kasargod
Municipality.
Ms. Divya.T.P, learned counsel appearing for the petitioner in these cases would submit that the petitioner is absolutely innocent in the matter. It is
submitted that the recovery in Crime No.264 of 2021 was not from the possession of the petitioner and therefore he cannot be said to have committed
offences alleged against him. It is submitted that in Crime No.271 of 2021, the petitioner has been falsely implicated. It is also submitted that the
petitioner has been in custody from 20.12.2021 and the continued detention of the petitioner is not necessary for the purpose of investigation into
Crime No.264 of 2021 and Crime No.271 of 2021, both of Kasargod Excise Range, Kasargod.
Learned Public Prosecutor, on instructions, would submit that there are two other cases registered against the petitioner as Crime Nos.2 of 2021
and 3 of 2021 of Kasargod Excise Range where the petitioner faces similar allegations. It is submitted that the fact that immediately after being
arrayed as an accused in Crime No.264 of 2021, the petitioner again committed similar offences, which led to registration of Crime No.271 of 2021
shows that the petitioner is a habitual offender and is engaged in illicit sale of IMFL procured from the State of Karnataka. It is submitted that if bail is
granted, there is possibility of the petitioner involving in similar offences in future.
Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner can be granted bail in both these cases, subject to
conditions, as the continued detention of the petitioner is not necessary for a proper conclusion of the investigation into the cases, since the petitioner
has been in custody from 20.12.2021.
In the result, these bail applications are allowed. The petitioner shall be released on bail, subject to the following conditions:-
i)The petitioner shall execute separate bonds before the jurisdictional court in respect of Crime No.264 of 2021 and Crime No.271 of 2021 of Kasargod Excise Range,
Kasargod District for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional
Court;
ii) The petitioner shall appear before the Investigating Officer in Crime No.264 of 2021 and Crime No.271 of 2021 of Kasargod Excise Range, on every Saturday at 11
am until 28.02.2022 and whenever called upon to do thereafter.
iii) The petitioner shall not involve in any other crime while on bail.
If there is violation of any of the above conditions and if the petitioner involves in any similar or other offences, the Investigating Officer in Crime
No.264 of 2021 and Crime No.271 of 2021 of Kasargod Excise Range, may move the jurisdictional Court for cancellation of bail.