Bilfi vs State Of Kerala And Ors

This is an application filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No.67/2021 of Excise Range Chadayamangalam. The offence alleged against the petitioner is punishable under Section 55(i) of the Kerala Abkari Act.

The prosecution case is that on 10-04-2021 at 7.30 P.M, the petitioner was found engaged in the sale of Indian made Foreign Liquor at his shop situated by the side of Vayakkal-Ummannoor Road. The Excise officials seized 1.300 litres of Indian made Foreign Liquor and Rs.300/- from the possession of the petitioner.

The petitioner was arrested on 10-04-2021 and he has been in judicial custody since then.

Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.

The learned counsel for the petitioner submitted that the petitioner is innocent and that he has been falsely implicated in the crime.

Considering the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, this Bail Application is allowed as follows :

(a) The petitioner is ordered to be released on bail on his executing 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.

(b) He shall appear before the Investigating Officer on all Wednesdays between 10 A.M. and 11 A.M. till the final report is filed.

(c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence for the prosecution.