High CourtsSingle Bench

Asokan Pillai vs State Of Kerala

High Court Of Kerala · Decided on 12 July 2021 · Citation: (2021) 07 KL CK 0163

HON’BLE JUDGES
K.Haripal, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Abkari Act, 1967 — Section 55(a), 55(i)
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 5139 Of 2021
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Judgment

20 paragraphs · 302 words

K.Haripal, J

1.

The sole accused in Crime No. 413/2021 of Kurathikadu Police Station, Alappuzha is before this Court under Section 439 of the Code of Criminal

Procedure seeking his release on bail. That crime was registered on 27.06.2021, after seizing 12 litres of Indian made foreign liquor from the

possession of the petitioner from his shop, bearing No. 75 in Ward No. 10 of Thazhakara panchayat in Vettiyara village. He is in custody therefrom.

Now, he faces allegations under Section 55(a) and (i) of the Abkari Act.

2.

The learned counsel for the petitioner submits that he has no criminal antecedents to his credit. This has been testified by the learned Public

Prosecutor also.

3.

He is in custody for the last 17 days; the investigation has progressed considerably; he has no criminal antecedents, therefore, his further detention

is not necessary.

4.

In the circumstances, he 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.