Binu O.M vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C.

The applicant is the sole accused in Crime No.131/2020 of Mallappally Excise Range Office, Pathanamthitta for having allegedly committed

offences punishable under Sections 55(i) and 67B of the Kerala Abkari Act.

The prosecution case, in brief, is thus:- On 31.10.2020 at about 11 a.m., the applicant was found to be in possession of 21 litres of Indian

Made Foreign Liquor and was engaged in the sale of that liquor. He was arrested and remanded to judicial custody and continues to remain in

custody.

The applicant seeks bail stating that he has no criminal antecedents and that the allegations against him for having been involved in the sale of

IMFL is also not true.

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

The learned Public Prosecutor admits that the applicant has no criminal antecedents.

Considering the quantity of liquor involved, the antecedents of the applicant and the present pandemic situation, I find that further incarceration of

the applicant may not be necessary. Hence, the application is allowed and the applicant is directed to be released on bail on the execution of a

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 as and when called for.

(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.

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