Anvar A vs State Of Kerala

K.Haripal, J

The petitioner is the accused in Crime No. 287/2021 of Manjeshwar Police Station, Kasaragod which was registered alleging offence under Section

55(a) of the Abkari Act.

The prosecution records indicate that on 28.06.2021, on getting information that an autorickshaw bearing No. KL-14/M-1413 had met with an

accident and capsized near Sreedevi Hotel at Kunjathur, the police reached there and found 86 litres of Indian made foreign liquor in seven boxes

comprising of 48 tetra packets, each containing 180 ml., and three boxes comprising of 48 plastic bottles, each containing 180 ml., in the vehicle. The

liquor was Karnataka make meant for consumption in Karnataka only.

After seizing the items, the crime was registered and later the accused was arrested on 09.07.2021 and since then is in judicial custody.

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

It is submitted that the petitioner does not have criminal antecedents, that he is an autorickshaw driver; the petitioner is in custody from 09.07.2021;

investigation has advanced considerably and his further detention is not necessary.

Therefore, the petitioner shall be released on bail on 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 not try to contact or influence the witnesses or tamper with the evidence;

iii) He shall not involve in any crime during the bail period;

iv) He shall not leave the country without permission of the jurisdictional Court;

v) He shall appear before the committal court/trial court as and when required;

vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.