Bharath Raj vs State Of Kerala

A. Badharudeen, J.

The sole accused in C.R.No.25/2023 of Badiadka Excise Range, Kasaragod, seeks regular bail in this petition filed under Section 439 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the report of the Investigating Officer. The prosecution case is that at about 6 p.m on 22.02.2023, the petitioner herein was found in possession of 1.62 litre of Karnataka MFL for the purpose of sale, against the prohibitions contained in the Kerala Abkari Act. Accordingly he was arrested red-handedly and crime alleging commission of offence punishable under Section 58 of the Abkari Act was registered.

The learned counsel for the petitioner pointed out the custody of the petitioner from 22.02.2023 and the quantity of the contraband which would come to the tune of 1.62 litre while pressing for grant of regular bail. The learned counsel also pointed out the progress of the investigation.

Whereas, the learned Public Prosecutor strongly opposed bail in this case pointing out two reasons. The first point argued by the learned Public Prosecutor is that the investigation is at the extreme primitive stage. The second point is that the petitioner is having involvement in another crime vide Crime No.81/2022. It is also pointed out that when the bail application of the petitioner was considered in Crime No.81 by this Court, on 22.01.2023, the petitioner was directed to surrender before the Investigating Officer within 10 days, but the said direction was not complied with and thereafter on tedious effort, his arrest was recorded. Accordingly, it is submitted that the petitioner cannot be released at the primitive stage of investigation.

On scrutiny of the case diary, the stature of the petitioner as pointed out by the learned Public prosecutor and the manner in which he had spoiled the order of this Court in B.A.No.8092/2022, are matters of serious concern. His involvement in 2 crimes in quick succession shows that he has least respect to law. However, taking note of the progress of the investigation and custody of the petitioner from 22.02.2023, the petitioner can be enlarged on bail on conditions, and one among the conditions is that the petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

In the result, this petition stands allowed and the petitioner is released on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence.

iii. He shall co-operate with the investigation and shall be available for trial.

iv. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

v. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

vi. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.