Binu James vs State Of Kerala And Ors

Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.35/2021 of Kottarakara Excise Range,

Kollam for having allegedly committed offence punishable under Section 55(i) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 14.02.2021 at about 5 p.m. the applicant was found to be in possession of 5 litres of Indian Made Foreign

Liquor intended for sale and the same was seized together with a sum of Rs.200/- being the proceeds of the same. The applicant was arrested and

remanded to judicial custody and continues in remand.

The applicant states that he is innocent and the allegations are not true and therefore seeks bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that the applicant is involved in another crime under the Abkari Act and in case he is released on bail, there

is every possibility that he may commit offences of similar nature.

Considering the facts and circumstances of this case and the quantity of liquor involved, I find that further detention of the applicant may not be

necessary. But considering his antecedents, the applicant shall be released on bail on stringent conditions. Hence, the application is allowed and the

applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like

amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of final

report whichever is earlier.

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

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

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Bail Appl..No.1924 OF 2021 4

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.