John Joseph Mondero vs State Of Kerala

A.Badharudeen, J.

This is an application for regular bail filed by the petitioner, who is the sole accused in Crime No.13/2023 of Kumbala Excise Range Office, Kasaragod, under Section 439 of the Code of Criminal Procedure (`Cr.P.C' for short hereinafter)

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

The prosecution allegation is that the accused herein possessed 5.4 litre of Goa Indian Made Foreign Liquor (`IMFL' for short hereinafter) at 6 p.m on 16.01.2023 at Bandiyod – Permuda Road, Koodal in Markkala village in Manjeshwaram Taluk, against the prohibitions contained in the Kerala Abkari Act. The accused was arrested and the contraband was taken into custody. Accordingly, the prosecution alleges commission of offence punishable under Section 58 of the Kerala Abkari Act by the accused.

The learned counsel for the peitioner would submit that the petitioner is innocent. He also would point out that the contraband would come to 5.4 litre of Goa IMFL. According to the learned counsel for the petitioner, since the petitioner has been in custody and investigation requiring him in custody is practically over, he is liable to be releaed on regular bail.

The learned Public Prosecutor vehemently opposed bail at the instance of the petitioner specifically pointing out the seriousness of the offence as well as by highlighting the involvement of the petitioner in 4 abkari cases, prior to this occurrence. It is submitted by the learned Public Prosecutor that the petitioner has no respect to law and he started commission of offence under the Kerala Abkari Act during 2009 and thereafter he has been continuously dealing with transport and sale of illegal liquor, against the prohibitions contained in the Kerala Abkari Act. Therefore, he may not be released on bail at this initial stage of investigation, as the same would stall the investigation.

In the report of the Investigating Officer, as rightly pointed out by the learned Public Prosecutor, the following crimes in relation to the petitioner have been narrated:

“(i) Cr.No.211/2019 U/s 58 of Abkari Act

(ii) Cr.No.15/2020 U/s 58 of Abkari Act

(iii) Cr.No.49/2020 U/s 8(1) & (2) of Abkari Act

(iv) Cr.No.212/2021 U/s 58 of Abkari Act.”

In the report, nothing stated regarding the quantity of contraband involved in the previous crimes. However, it appears that this is the fifth crime against the petitioner, registered under the Kerala Abkari Act. Therefore, the apprehension expressed by the learned Public Prosecutor is having force. The continous involvement of the petitioner in repeated offences is noted with anxiety and extreme displeasure. However, taking note of the progress of the investigation and custody of the petitioner from 16.01.2023 onwards, I am inclined to release him on bail on conditions and one among the conditions is that he shall not involve or indulge in any further crime during the currency of bial and any such involvement is reported, the same shall be the reason to cancel the bail hereby granted.

Accordingly, this petition stands allowed. 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. He shall co-operate with the investigation and shall be available for trial. 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.

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

iv. 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.