Kerala High Court
Bail Appl./8824/2017 of BABU @ DINKEN BABU Vs THE EXCISE RANGE OFFICER on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 Bail Appl..No. 8824 of 2017 -------------------------------------------- CRIME NO. 123/2017 OF BALUSSERY EXCISE RANGE, KOZHIKODE DISTRICT
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
Bail Appl..No. 8824 of 2017
-------------------------------------------- CRIME NO. 123/2017 OF BALUSSERY EXCISE RANGE, KOZHIKODE DISTRICT
------------------
PETITIONER(S)/ACCUSED :
------------------------------------------ BABU @ DINKEN BABU, S/O.GANGADHARAN, AGED 43 YEARS, MALOREMMAL POYIL HOUSE, EYYAD P.O., BALUSSERY, KOZHIKODE DISTRICT.
BY ADVS. SRI.U.P.BALAKRISHNAN SRI.PRAJIT RATNAKARAN
RESPONDENT(S)/COMPLAINANT & STATE :
----------------------------------------------------------------
1.
THE EXCISE RANGE OFFICER, BALUSSERY, KOZHIKODE-673 612.
2.
THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.B.SREEJA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
R. NARAYANA PISHARADI, J
-------------------------------------------- B.A No.8824 of 2017
--------------------------------------------- Dated this the 29[th] day of December, 2017
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ORDER
This application for bail is filed under Section 439 of theCode of Criminal Procedure.
2. The petitioner herein is the accused in the caseregistered as Crime No.123 of 2017 of the Balussery ExciseRange, under Sections 8(1) & (2) and 55(g) of the Abkari Act.
3. The prosecution case is that on 22.08.2017, at about13.30 hours, when the Excise Inspector of Balussery reachedthe building No.20/84 of Unnikulam Grama Panchayat ongetting secret information regarding distillation of arrack there,he found the petitioner, who is the third accused and two otherpersons distilling arrack. The Excise party could not apprehendthe culprits as they ran away and escaped. The Excise partyseized 30 liters of wash and utensils for distillation of arrack.
4. Heard the learned counsel for the petitioner and thelearned Public Prosecutor.
5. The petitioner is in judicial custody from 06.12.2017
onwards. The petitioner had moved an application foranticipatory bail before this Court (B.A No.6526/2017) in thiscase. The aforesaid application was dismissed by this Court asper order dated 16.11.2017 and in that order it was observed B.A No.8824 of 2017
that if advised, the petitioner may surrender before the learnedMagistrate and seek bail. Accordingly, the petitionersurrendered before the learned Magistrate having jurisdictionon 06.12.2017 and he was remanded to judicial custody.
6. Material part of the investigation of the case shouldhave been completed by this time, at least as against thepetitioner. Continued detention of the petitioner in jail appearsto be not necessary to complete the investigation in aneffective manner. Considering these aspects, I am inclined togrant bail to the petitioner on appropriate conditions.
In the result, the petition is allowed as follows. Thepetitioner shall be released on bail on the following conditions.
1) The petitioner shall execute a bond for Rs.50,000/-with two solvent sureties each for the like amount to thesatisfaction of the Magistrate's Court concerned.
2) The petitioner shall report before the InvestigatingOfficer on all Mondays and Thursdays between 9.a.m and11.a.m for a period of two months after being released on bail.
3) The petitioner shall make himself available forinterrogation as and when required by the Investigating Officerin writing to do so.
4) The petitioner shall not influence or intimidate theprosecution witnesses. He shall not make any attempt totamper with the evidence in the case.
5) The petitioner shall not commit any offence under theAbkari Act while he is on bail in this case.
6) The petitioner shall surrender his passport in theMagistrate's Court concerned within three days of his releaseon bail. If he does not possess any passport, he shall file anaffidavit to that effect in the Magistrate's Court concernedwithin that period.
7) The petitioner shall not leave the State of Keralawithout the prior permission of the Jurisdictional Courtconcerned.
8) If the petitioner violates any of the conditions of bail, itis open to the Jurisdictional Court concerned to cancel his bailwithout any further orders from this Court but in accordancewith law.
(sd/-)
R. NARAYANA PISHARADI,
JUDGE
AD
True Copy P.A to Judge