Ayyappan vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the 2nd accused in Crime No.82/2021 of Thenmala Police Station, Kollam

for having allegedly committed offence punishable under Section 55(a) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 04.02.2021 at about 10 p.m. while the police party attached to the Thenmala Police station were on patrol

duty they found the 1st accused in possession of 24 liters of Indian Made Foreign Liquor. He was apprehended and produced before the jurisdictional

Magistrate on the next day and remanded to judicial custody. During interrogation, he revealed that it was the applicant who had financed him and

instigated him to purchase the liquor in excess quantity for the purpose of sale. Hence the applicant was also impleaded as an accused in this crime.

The applicant states that he is innocent and the allegations are not true. Apart from the alleged confession statement of A1, there is nothing to prove

his crime and therefore he may be released on bail since he has been in custody from 10.02.2021.

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

The learned Public Prosecutor submits that the applicant has another antecedents and he is involved in a crime in the year 2020 for offence

punishable under Section 55(i) of the Kerala Abkari Act. It is also admitted that on the basis of the confession statement of the first accused that the

applicant was implicated.

After having heard both sides, I find that the applicant has been in custody from 10.02.2021 and further detention of the applicant may not serve any

purpose, since he was not actually found to be in possession of liquor and it is only on the basis of the confession statement of the first accused that he

has been implicated. Hence he is entitled to regular bail. The Bail Application is allowed and the applicant is directed to be released on bail on

execution of 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 conditions:-

(i) He shall not get involved in similar cases during the currency of the bail.

(ii) He shall appear before the investigating officer as and when called for.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses .

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.