Aneeshkumar D vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.47 of 2022 of Mallappally Excise Range, Pathanamthitta District, alleging the commission of offence under Section 55 (i) of the Kerala Abkari Act. The allegation against the petitioner is that while the Excise officials of Mallappally Excise Range were conducting patrolling duty on 16.03.2022 at 01.50AM, in Kottangal Kulathoor Anganvady Junction near the Kulathunkal Thumpor house, the petitioner was found in possession of 7.5 litres of Indian Made Foreign Liquor meant for sale and thereby he committed the offences alleged against him.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated. It is submitted that the liquor in question was meant for personal consumption and was not meant for sale. It is submitted that petitioner has no criminal antecedents. It is submitted that the petitioner was arrested on 16.03.2022 and his continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the investigation is progressing and continued detention of the petitioner is necessary for proper investigation into the matter.

Having regard to the facts and circumstances of the case and considering the nature of the allegations raised against the petitioner, I am of the view that the petitioner can be granted bail subject to conditions as his continued detention may not be necessary for the purpose of investigation.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.47 of 2022 of Mallappally Excise Range, Pathanamthitta District, as and when called upon to do so;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.47 of 2022 of Mallappally Excise Range, Pathanamthitta District;

(4) 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.47 of 2022 of Mallappally Excise Range, Pathanamthitta District, may file an application before the Jurisdictional Court for cancellation of bail.