Biju vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner  is  the  sole  accused  in  Crime  No.53  of 2022 of Vamanapuram Excise Range Office, Thiruvananthapuram District, alleging commission of offences punishable under Section 55(i) 67(B) of the Kerala Abkari Act, 2017.

The prosecution allegation is that on 1.6.2022 at 3.00 pm, the accused herein was found in possession of Indian Made Foreign Liquor and was apprehended with 1.5 litres of Liquor in front of public market, Bharathannoor, Palode road, Pangodu Village, Nedumangadu Taluk, for the purpose of sale, against the prohibition contained in the Kerala Abkari Act and thereby committed the aforesaid offence.

Learned counsel for the petitioner submitted that petitioner was arrested on2.6.2022 and is in custody since then and that he has no other criminal antecedents.

Learned Public Prosecutor opposed the application but submitted that petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case and the nature of the allegations and considering the fact that petitioner is in custody from 02.06.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.53 of 2022 of Vamanapuram Excise Range Office, Thiruvananthapuram District, as and when called for.

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.53 of 2022 of Vamanapuram Excise Range Office, Thiruvananthapuram District,

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.53 of 2022 of Vamanapuram Excise Range Office, Thiruvananthapuram District, station may file an application before the jurisdictional court, for cancellation of bail.