Abhilash vs State Of Kerala

The applicant is the sole accused in Crime No.22 of 2020 of Parli Excise Range, Palakkad, for having allegedly committed offences punishable under Sections 8(1) & (2) of the Kerala Abkari Act. The prosecution case, in brief, is this:

On 01.05.2020, at about 11.00 AM, the applicant was found transporting 2 litres of arrack on his motor cycle bearing Reg.No.KL 09 V 3360 and was intercepted at Sai Hospital Junction, Olavakkode. On inspection, the liquor was found and seized. The accused was arrested and remanded to judicial custody. He remains in custody. The applicant states that he is innocent and the allegations are not true. He has no criminal antecedents. And, therefore, seeks bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant has no criminal antecedents and considering the quantity of the liquor, the fact regarding the antecedents of the applicant and also the present pandemic situation, I am not inclined to detain the applicant any longer.

In the result, the application is allowed and the applicant is directed to be released on bail on the 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 following further conditions:

(i) He shall appear before the Investigating Officer as and when called for.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

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

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.