Vittal Gatty K vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.205/2021 of Kasaragod Excise Range, Kasaragod District alleging commission of offences under Section 58 of the Kerala Abkari Act.

The allegation against the petitioner is that on 05-09-2021 the petitioner was found in possession of 46.8 litres of Indian Made Foreign Liquor (IMFL) meant for sale only in the State of Karnataka which was illegally imported into Kerala for the purposes of illegal sale. It is alleged that the liquor is comparatively cheaper in Karnataka and thereby the petitioner intended to sell the same in Kerala illegally.

The learned counsel for the petitioner submits that the petitioner was arrested on 05-02-2022 and has been in custody for 19 days. It is submitted that by Annexure-A2 order the petitioner had been granted bail in Crime No.11/2022 of the same Excise Range and in that order there was a condition that he shall report before the Investigating Officer on every Saturday at 11 a.m. It is submitted that when the petitioner appeared on 05-02-2022 in complying with the direction, the arrest of the petitioner was recorded in Crime No.205/2021 also. It is submitted that the condition in Annexure-A2 order that the petitioner shall not be involved in any other crime while on bail may not hinder the consideration of bail in this case as the crime in question in this case was registered much prior to the registration of Crime No.11/2022. It is submitted that the continued detention of the petitioner is not necessary for the purposes of any investigation.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the registration of two crimes for identical offences indicate that the petitioner is a habitual offender. It is submitted that the grant of bail to the petitioner may not be conducive as there is every chance the offence being repeated.

Having regard to the facts and circumstances of the case and considering the nature of allegations against the petitioner, I am of the view that the petitioner can be granted bail subject to conditions. I note that the petitioner cannot said to have violated the condition in Annexure-A2 order that he shall not involve in any other crime on account of the fact this crime was registered prior to the registration of crime to which Annexure-A2 relates. I am also of the view that the continued detention of the petitioner is not necessary for the purposes 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.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.205/2021 of Kasaragod Excise Range on every Saturday at 11 a.m until filing of final report;

(iii) The petitioner shall not interfere with the investigation or influence or intimidate any witness in Crime No.205/2021 of Kasaragod Excise Range;

(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 Crime No.205/2021 of Kasaragod Excise Range may file an application before the jurisdictional Court for cancellation of bail.