High CourtsSingle Bench

Anil Kumar N.A vs State Of Kerala

High Court Of Kerala · Decided on 12 December 2022 · Citation: (2022) 12 KL CK 0125

HON’BLE JUDGES
Viju Abraham, J
ACTS & SECTIONS REFERRED
Kerala Abkari Act, 1967 — Section 55(a), 55(i)
RESULT
Dismissed
CASE NUMBER
Bail Application No. 9809 Of 2022
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Judgment

12 paragraphs · 343 words

Viju Abraham, J

1.

This is an application for regular bail.

2.

Petitioner is the sole accused in Crime No.1306 of 2022 of Aluva East Police Station, Ernakulam District registered alleging commission of offences punishable under Sections 55(a) and 55(i) of the Kerala Abkari Act.

3.

Prosecution allegation is that on 31.10.2022 at 12.45 p.m. the accused was found in possession of 36 bottles containing 500 ml each IMFL kept in his scooter and shoulder bag for the purpose of sale at Panchayat Junction in Keezhmadu Kara and the police party detected the same. Thus the accused has committed the abovesaid offences.

4.

Petitioner submits that he is in custody from 31.10.2022 onwards and that he has been falsely implicated in the abovesaid crime.

5.

Learned Public Prosecutor though opposed the application for bail, submitted that the petitioner is not involved in any other case.

Considering the facts and circumstances of the case and the nature of allegations and also taking into consideration the fact that petitioner is in custody from 31.10.2022 onwards and that the petitioner is not involved in any other case, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

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

(ii) He shall appear before the investigating officer in Crime No.1306 of 2022 of Aluva East Police Station, Ernakulam District on all Saturdays at 11.00 a.m. until filing of final report.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1306 of 2022 of Aluva East Police Station, Ernakulam District may file an application before the jurisdictional court, for cancellation of bail.