Abdul Irshad N.S vs State Of Kerala

Application for regular bail under Section 439 Cr.PC. The applicant is the sole accused in CR No. 30/2021 of Kasaragod Excise Range, Kasaragod District for having allegedly committed offence punishable under Section 58 of the Kerala Abkari Act.

The prosecution case, in brief, is that on 10.2.2021, the applicant was found transporting 8.64 liters (48 tetra packets having capacity of 180ml each) of Indian Made Foreign Liquor intended for sale only in the State of Karnataka on his Scooter bearing Reg. No. KL-14-U-4426 along the Kasaragod-Kasaba Kadappuram public Road. He was arrested and remanded to judicial custody and continues to be in custody. The applicant states that he has no criminal antecedents and is willing to abide by any condition and hence, seeks bail.

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

The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the fact that the applicant has been in custody for about a month and the quantity of the liquor involved and also the present pandemic situation, I am inclined to grant bail to the applicant.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a 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 and on the following conditions:

(i) He shall appear before the investigating officer as and when called for and cooperate with the investigation.

(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court to get the bail order cancelled.