Anil Kumar vs State Of Kerala

Ziyad Rahman A.A., J

Petitioner is the accused in Crime No.42/2023 of Excise Range Officer, Anchal. The offences alleged against the petitioner is under Section 55(i) of the Abkari Act. The allegation against the petitioner is that, on 01.04.2023, at about 10.30 a.m., petitioner was found in possession of 600 millie liters of Indian Made Foreign Liquor in a plastic bottle having a capacity of 1 liter in a public road at a place by name Neelamugal in Karuvaloor Village. According to the prosecution, the same was kept by him for the purpose of sale. Petitioner was arrested from the spot and since then, he has been under detention. This application is filed by the petitioner seeking regular bail.

Heard Sri. George Sebastian, learned Counsel appearing for the petitioner, and Sri. C.N.Prabhakaran, learned Public Prosecutor appearing for the State.

Learned Counsel for the petitioner submits that the petitioner is innocent. It is further pointed out that, even though it is contended that the petitioner was found in possession of the Indian Made Foreign Liquor, under no circumstances, it can be assumed that the same was intended for sale and therefore, the offence would not be attracted.

On the other hand, learned Public Prosecutor opposed the aforesaid application.

I have gone through the records. The quantity of the contraband article is only 600 millie liters of Indian Made Foreign Liquor. There is no allegation that the contraband article was spurious in nature. Taking into account the quantity of the contraband article, the contention of the petitioner with respect to lack of materials indicating the sale of the same, cannot be simply brushed aside. Anyhow, petitioner is in custody since 01.04.2023. In such circumstances, taking note of the nature of the allegations, quantity of the contraband article and other relevant facts, I am of the opinion that the petitioner can be released on bail. Accordingly, this bail application is allowed subject to the following conditions:

1) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2) The petitioner shall fully co-operate with the investigation.

3) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

4) The petitioner shall appear before the Investigating Officer as and when required.

5) The petitioner shall not commit any offence of like nature while on bail.

6) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

7) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.