Balachandran Nair 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 accused No.3 in Crime No.1869 of 2023 of Pothencode Police Station, Thiruvananthapuram District, for having committed offences punishable under Sections 55(a) &(i) of the Abkari Act, 1077.

The allegation against the petitioner is that, on 01.11.2023 at about 12:50 PM, inside the house bearing door No.10/664, situated in Vattakarikkakam, the accused was found possessing 134.75 litres of Indian Made Foreign Liquor and selling it. It is also alleged that the detecting officer recovered Rs.500/- from the accused, being the sale consideration. Thereby, the accused is said to have committed the above said offences.

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 is in custody from 01.11.2023, 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.

Considering the fact that petitioner is arrested on 01.11.2023, the medical report shows that the petitioner has undergone dialysis and is undergoing treatment for liver cirrhosis, no other antecedents are reported against the petitioner 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 despite the fact that 134.75 litres of Indian Made Foreign Liquor is involved in the crime.

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;

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