Binoy vs State Of Kerala

The applicant is accused in two crimes. B.A.No.1583 of 2021 is for regular bail in Crime No.05 of 2021, while B.A.No.1584 of 2021 is for regular

bail in Crime No.06 of 2020, both of Thankamani Excise Range, Idukki, for having allegedly committed offences punishable under Sections 55(a) & (i)

& 67B of the Kerala Abkari Act. The prosecution case, in brief, is this:

On 01.02.2020, at about 9.00 AM, when the Excise patrol party reached Parathode, the applicant was found to be in possession of 1.420 litres of

IMFL intended for sale in contravention of the Abkari Act. The crime was registered. But, the applicant managed to flee and could not be arrested.

He was absconding till the second occurrence took place on 19.01.2021 at about 5.45 PM, when the Excise party at the very same place, saw the

applicant in possession of 5.500 litres of IMFL, which he was intending to sell in a cargo pick up van bearing Reg.No.KL-06-C-5948 and he was

arrested from the spot and remanded to judicial custody. His formal arrest in Crime No.06 of 2020 was recorded on 27.01.2021. The applicant states

that he is innocent and the allegations are not true. And, therefore , he seeks regular bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor submits that the applicant

has criminal antecedents and he was involved in similar offences during the year 2017 also and presently, he has two crimes pending against him. And,

therefore, the application for bail is opposed.

After having heard the submissions on both sides, I find that considering the quantity of the liquor involved, further incarceration of the applicant

may not be required, particularly, in these pandemic times.

In the result, the applications are allowed and the applicant is directed to be released on bail in both the cases on the execution of a bond for

Rs.50,000/-(Rupees Fifty thousand only), each in each of the cases with two solvent sureties, each for the like amount to the satisfaction of the

jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of three months or till filing of the

final report whichever is earlier.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail applications are allowed.