Deepu vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd  accused in C.R No.49 of 2022 of Excise Range Office, North Paravur. Ernakulam registered alleging commission of offences punishable under Sections 55(a) and 55D of the Abkari Act.

The prosecution case is that, on 22.08.2022 at 2.30 pm, from a residence, which is in the ownership of Philomina George, the Excise party on getting secret information seized 360 litres of spirit from the roof of the said house, which was allegedly stored for the purpose of illegal sale. The 1st accused was arrested from the spot and it is further alleged that accused Nos.1 and 2 conspired together and had done the illegal act.

Petitioner  submits that  he has  been falsely implicated in the above said crime and he is in custody from 31.08.2022 onwards. Petitioner further submits that, the contraband was seized from a house near to the house of the 1st accused, in which no one is residing and further that the petitioner was arrayed as an accused only on the basis of the confession statement of the 1st accused. Petitioner further contended that he was not present in the alleged place and nothing was seized from his possession and his further detention is not required for the purpose of investigation and the 1st petitioner is already granted bail as per order in B.A.No.6861 of 2022.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that large quantity of contraband was seized and further that the petitioner is involved in an NDPS crime also.

Considering the facts and circumstances of the case and the nature of the allegation, and the petitioner is in custody from 31.08.2022 onwards, and that the 1st accused is already granted bail, I am inclined to grant bail to the petitioner, but on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) 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 court;

(ii) Petitioner shall appear before the investigating officer in C.R No.49 of 2022 of Excise Range Officer, North Paravur on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in C.R No. 49 of 2022 of Excise Range Office, North Paravur may file an application before the jurisdictional court, for cancellation of bail.