Ashok Kumar P A vs State Of Kerala

Mohammed Nias C.P, J.

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.77/2023 of Mattannur Excise Range Office, Kannur District, for having committed offences punishable under Sections 55(i) of the Abkari Act.

The allegation against the petitioner is that on 04.10.2023 at about 12.40 PM, the 2nd respondent found the petitioner in possession of 1.75 litres of Indian-made foreign liquor and engaged in the sale of the same in Scooter bearing Registration No. KL-60-P-3967 and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 04/10/2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the offences committed by the petitioner, the quantity involved, and the fact that he has been in custody since 04/10/2023 and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner more so when no other criminal antecedents have been reported against the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing 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) The petitioner shall report before the Investigating Officer as and when directed

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on bail.

If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.