Biju 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 the accused in Crime No. 1146/2023 of East Kallada Police Station, Kollam District, for having allegedly committed offences punishable under Section 55(g) of the Abkari Act.

The prosecution allegation is that, the accused has concealed 175 litres of wash in bushes near Pallapazhanji Area at Sinkarappally, and it was detected by the Sub Inspector of Police, East Kallada, on 27.8.2023 at 5.25 PM. The accused could not be arrested from the spot, as he fled from the scene. 175 litres of wash was seized from the spot and thereby 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 has been in custody since 29/08/2023, 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 learned Public Prosecutor and considering the nature of the allegations against the petitioner and the fact that he has been in custody since 29/08/2023, also 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 three antecedents against the petitioner.

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.50000/- (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.

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