Pappan @ P.R.Padmanabhan vs State Of Kerala

Gopinath P., J

The petitioner is the sole accused in Crime No.169/2021 of Alakkode Excise Range, Kannur District alleging commission of offence under Section

55 (g) of the Kerala Abkari Act.

The allegation against the petitioner is that on 01-11-2021 at about 2.30 p.m the petitioner was found in possession of 135 litres of wash allegedly

kept for the manufacture of illicit arrack in violation of the provisions of the Abkari Act. It is alleged that on seeing the Excise party the petitioner ran

away from the spot and therefore he could not be arrested.

The learned counsel for the petitioner submits that the petitioner is a poor illiterate man belonging to one of the Scheduled Tribes. It is submitted that

though the property from which the seizure is allegedly made is in the ownership of the petitioner, so many people have access to the same and the

property is not in his exclusive possession. It is submitted that the property has no boundary wall and borders are mini forest. It is submitted that

strangers also have access to the plot and the recovery of wash cannot be attributed to the the petitioner. Finally it is submitted that though the

petitioner filed an application for anticipatory bail, before the same could be considered, he was arrested and remanded to custody on 31-01-2022.

The learned Public Prosecutor submits from the records that the recovery of wash was from the property of the petitioner. It is submitted that the

petitioner cannot absolve himself of the liability by saying that the others had access to the property. It is submitted that the petitioner ran away from

the spot on seeking the Excise party which clearly shows that he was aware that the contraband was stored in the property. However, it is admitted

that no criminal antecedents have been reported against the petitioner.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner is stated to be an illiterate man belonging to

one of the Scheduled Tribes and also considering the submission of the petitioner that the property in question has no boundary walls and it is

accessible to many, I am of the opinion that the petitioner can be released on bail especially as his custody may not be required for the purpose of any

investigation.

In the result this 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 a bond for a sum of Rs.15,000/- (Rupees Fifteen thousand only) with two solvent sureties each for the like sum to the satisfaction of

the jurisdictional Court;

(ii) The petitioner shall not interfere with the investigation, influence or intimidate any witness in Crime No.169/2021 of Alakkode Excise Range;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.169/2021 of Alakkode Excise Range may file an application

before the jurisdictional Court for cancellation of bail.