Aneesh V.S vs State Of Kerala

The applicant is the sole accused in Crime No.95 of 2020 of Irikkur Police Station, Kannur, for having allegedly committed offences punishable

under Sections 58 and 55(i) of the Kerala Abkari Act. The prosecution case, in brief, is this:

On 29.10.2020, at about 1.30 PM, at Pulikkad in Padiyur Village, the applicant was found to be in possession of 4 litres of Indian Made Foreign

Liquor and 3 litres of illicit liquor in his possession, kept in his house, named Omana Nivas. The Excise authorities apprehended him and he was

remanded to judicial custody on 30.10.2020. He continues to remain in custody. The applicant states that he has no criminal antecedents and that the

liquor was kept for his personal use and that he had no intention to sell liquor as is alleged by the prosecution. And, therefore, he may be granted 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. Considering the quantity of the liquor involved, the time he was under incarceration, the present pandemic situation and

the antecedents of the applicant, I am inclined to grant him bail.

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.1,00,000/-(Rupees One

lakh 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.