Alhaj .S vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.

The petitioner is the accused in Crime No. 66/2023 of Chathannur Excise Range Office, Kollam, for having allegedly committed offence punishable under Section 55(i) of the Kerala Abkari Act.

The allegation against the petitioner is that, on 28/08/2023, at 3.30 p.m., the Excise Party, while on patrol duty, had found the petitioner in possession of 40 litres of Indian Made Foreign Liquor while in the process of sale and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 28/08/2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, the accusations against the petitioner, the fact that he has been in custody since 28/08/2023, that there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

The petitioner shall be released on bail on executing a bond for Rs.50000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

The petitioner shall report before the Investigating Officer as and when directed;

The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

The petitioner shall not be involved in any other crime while on bail.

If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.