B.M.Anilkumar vs State Of Kerala

Jobin Sebastian, J

This petition for regular bail has been filed by the sole accused in crime No.171/2024 of Kumbala Excise Range, Kasargod, registered alleging the commission of offences punishable under Sections 58 and 67B of the Abkari Act.

The prosecution allegation is that, on 17.12.2024, at 12.40 P.M. at Hosangadi in Manjeshwar village, the accused was found possessing and transporting 8.64 litres of Indian Made Foreign Liquor meant exclusively for sale in Karnataka State, in an Activa Scooter bearing registration No. KL 14 V 4981, in violation of the provisions of the Abkari Act. Hence the accused is alleged to have committed the offences mentioned above.

3 . Heard both sides and perused the available records.

The  learned  Public  Prosecutor  opposed  the application.

The allegation that the petitioner possessed and transported Indian Made Foreign Liquor meant for sale in Karnataka State only cannot be viewed lightly. Ofcourse, these sort of offences will affect the economic condition of our State. Anyhow, the petitioner was caught red handed with the liquor on 17.12.2024 and since then, he has been in custody. The investigation in this case has crossed its major and crucial part and is on the verge of completion. The seizure and search procedures were completed from the scene of occurrence itself. As the investigation is practically over, further retention of the petitioner in judicial custody appears to be unwarranted. Hence, considering the nature of the offence, quantity of liquor involved and the stage of investigation, I am inclined to grant bail to the petitioner on conditions:

In the result, this petition is allowed on the following conditions:

1 The petitioner shall be released on bail on he executing a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

2 The petitioner shall appear before the Investigating Officer on every Second Saturdays between 10 a.m. and 11 a.m., starting from 11.01.2025 for a period of three months or till the final report is filed, whichever occurs first.

3 The petitioner shall also appear before the investigating officer as and when required and shall cooperate with the investigation.

4 The petitioner shall not intimidate or influence the witnesses; or tamper with the evidence.

5 The petitioner shall not commit any offence while he is on bail.

6 It is made clear that, in the event of a violation of any of the above conditions, the investigating officer is at liberty to approach the jurisdictional court for cancellation of bail. In that event, the jurisdictional court shall consider such application and pass appropriate orders irrespective of the fact that bail has been granted by this Court.