Bharathraj.B vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.

The petitioner is the accused in Crime No.111/2023 of Kumbala Excise Range Office, Kasargod District, registered for the offences punishable under Sections 58 and 67B of the Abkari Act 1 of 1077.

The prosecution allegation against the petitioner is that on 14.08.2023 at 7.30 p.m., the accused was found transporting 302.400 litres of Indian Made Foreign Liquor meant for sale in Karnataka in a car bearing Reg.No. KL 60 F 7477 in front of Manjeshwar Excise check post situated in Bankara - Manjeshwaram village, and thereby, the accused alleged to have committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 15.08.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the nature of the allegations levelled against the petitioner and the fact that he has been in custody since 15.08.2023 and there are no antecedents against the petitioner, and also since there is no apprehension raised by the prosecution that if the petitioner released on bail he is likely to abscond, I hold that bail can be granted to the petitioner, despite the quantity involved.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

The  petitioner  shall  be  released  on  bail  on executing a bond for Rs.50000/- (Rupees Fifty thousand only) with two solvent sureties each for  the  like  sum  to  the  satisfaction  of  the jurisdictional court;

2.The petitioner shall report before the Investigating Officer as and when directed;

3.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

4.The petitioner shall not be involved in any other crime while on bail;

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