Aneesh.K.M vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail, filed by the sole accused in Crime No.19/2023 of Sreekandapuram Excise Range Office, Kannur.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

I have perused the report of the Investigating Officer and the relevant records, form part of the case diary, placed by the learned Public Prosecutor.

The prosecution case is that, at about 12.30 p.m. on 8.2.2023, the accused was found in possession of 3.750 litre of Indian Made Foreign Liquor, near Kandakassery bridge in Kandakassery – Manneri road, against the prohibitions contained in the Kerala Abkari Act. On this premise, the prosecution alleges commission of offence punishable under Section 58 of the Kerala Abkari Act.

While pressing for grant of regular bail to the petitioner, the learned counsel for the petitioner would submit that the petitioner is innocent. He also submitted that the petitioner is a first time offender. Highlighting the progress of investigation and the custody of the petitioner from 8.2.2023, the learned counsel for the petitioner pressed for grant of regular bail.

The learned Public Prosecutor though opposed bail, he also conceded that the petitioner is a person, having no criminal antecedents.

On perusal of the available materials, it appears that, prima facie, the prosecution allegations are made out. However, taking note of the fact that the petitioner has no criminal antecedents and he has been in custody from 8.2.2023, I am inclined to grant bail to the petitioner on conditions.

Accordingly, the bail application is allowed and the petitioner is released on bail, by imposing the following conditions:

i. The petitioner shall be released on bail on his executing 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 concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.