Ayyappan vs State Of Kerala

The applicant is the 1st accused in Crime No.886 of 2020 of Thenmala Police Station, Kollam, for having allegedly committed offence punishable

under Section 55(i) of the Kerala Abkari Act. The prosecution case, in brief, is this:

On 26.11.2020, at about 5.45 PM, the Police party on patrol duty near Ottakkal Railway Station, found the accused persons in possession of 15

litres of Indian Made Foreign Liquor kept by the accused for illegal sale, near a quarry and the crime was registered. The applicant was arrested later

on the same day. The applicant states that the allegations are not true. The seizure is not from his house nor from his possession and it is also stated

that he had later appeared before the Police and got arrested. Under the circumstances, he may be granted bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant

has no criminal antecedents. Under the circumstances, I find that further incarceration of the applicant may not be necessary.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty

thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer as and when called for.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.