Abilash S Nair vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.172/2022 of Thiruvalla Excise Range Office, Pathanamthitta alleging commission of offence punishable under Section 55(i) of the Abkari Act.

The prosecution allegation is that, on 21.09.2022, at 2.30 pm, at Aruvikkara junction, the accused was found in possession of 800 millilitres of Indian Made Foreign Liquor and the same was seized from the petitioner.

4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 21.09.2022 and that he is in custody since then. It is also submitted that the petitioner has been falsely implicated in the above said crime and that he has no other criminal antecedents.

The learned Public Prosecutor though opposed the application for bail, but submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 21.09.2022 onwards, I am inclined to grant bail to the petitioner subject to conditions. In the result, the 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 bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii)The Petitioner shall appear before the investigating officer in Crime No.172/2022 of Thiruvalla Excise Range Office, Pathanamthitta on every Saturday at 11 am, as and when required;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.172/2022 of Thiruvalla Excise Range Office, Pathanamthitta;

(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.172/2022 of Thiruvalla Excise Range Office, Pathanamthitta may file an application before the jurisdictional court, for cancellation of bail.