Annu @ Aravindaksha.K vs State Of Kerala

Viju Abraham , J

Applications for regular bail.

In B.A.No.8673 of 2022, petitioner is the sole accused in Crime No.165 of 2022 of Kasaragod Excise Range, registered alleging commission of offences punishable under Sections 58 and 67 B of the Abkari Act.

The prosecution allegation is that, on 12.9.2022 at 8.30 pm the accused found transporting of 112.32 litres of IMFL meant for sale only in Karnataka in a vehicle bearing Reg.No.59 T 8355 and thereby committed the above said offfences.

In B.A.No.8657 of 2022 petitioner is the 2nd accused in Crime No.562 of 2022 of Manjeswar Police Station, registered alleging commission of offences punishable under Sections 55(A), 8(1) and 8(2) of Abkari Act.

The prosecution allegation is that, on 29.7.2022 at 1.05 pm the accused No.2 has found transporting of 1000 litres of spirit in 30 cans each having a capacity of 35 litres in his Scorpio car bearing Reg.No.KL 53A 1881 from near to Uppala Bus stand situated in Uppala village and thereby committed the above mentioned offences.

The petitioner submits that since he was in custody in connection with Crime No.165 of 2022 of Kasaragod Excise Range, his arrest was recorded in Crime No.562/2022 on 26.9.2022. Petitioner further submits that he has been falsely implicated in the above said crime.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that large quantity of spirit was transported by the petitioner along with 1st accused. Learned Public Prosecutor further submitted that the petitioner is involved in 6 other cases of a similar nature. Petitioner would submit that the 1st accused in Crime No.562 of 2022 of Manjeswar Police Station is already released on bail.

Considering the facts and circumstances of the case and the nature of the allegations, and that the petitioner is in custody from 13.09.2022 onwards, I am inclined to grant bail to the petitioner in both cases, but on stringent conditions. In the result, the above bail applications are allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute 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;

(ii) Petitioner  shall  appear  before  the investigating officer in Crime No.165 of 2022 of Kasaragod Excise Range on every Saturday at 11 am & in Crime No. 562 of 2022 of Manjeswar Police Station on every Monday at 11 am, until further orders;

(iii) The interfere influence crime; petitioner shall not attempt to with the investigation or to any witness in the above said

(iv) The petitioner shall not leave the State of Kerala without obtaining permission of the jurisdictional court;

(v) 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.165 of 2022 of Kasaragod Excise Range and Crime No.562 of 2022 of Manjeswar Police Station may file an application before the jurisdictional court, for cancellation of bail.