Babeesh T.V vs State Of Kerala

K.Haripal, J

This is an application filed under Section 439 of the Cr.P.C.

Petitioner is the sole accused in crime No.150/2021 of Hosdurg Excise range, which was registered on 29.07.2021 after seizing 69.12 litres of

Indian made foreign liquor from the possession of the petitioner when he was found transporting it in auto-rickshaw bearing registration No.KL-60 N

5669; he was intercepted at Mahakavi Smaraka Mandir at Durga High School junction. Thus he faces allegations under Sections 58 and 67 of the

Abkari Act. Since the date of arrest, he is in judicial custody.

I heard counsel on both sides.

The learned Public Prosecutor has submitted that he has no criminal antecedents. He is in custody from 29.07.2021 onwards. Investigation has

practically advanced and therefore, his further detention is not warranted.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute 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 evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

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

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

vi) He shall strictly abide 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 a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.