Boney Shaji vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.24/2022 of Ernakulam Excise Range Office, Ernakulam District alleging commission of offences punishable under Sections 58 of the Kerala Abkari Act.

The allegation against the petitioner is that on 28-03-2022 at about 12.30 A.M., the petitioner was found in possession of 7.250 liters of Indian Made Foreign Liquor (meant for sale only in Puducherry) and thereby he committed the offence alleged against him.

The learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner is a Truck Driver and that he had purchased the IMFL for personal consumption while traveling through Mahe. It is submitted that the petitioner has no criminal antecedents and he has been falsely implicated in the matter.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the fact that no criminal antecedents are reported against the petitioner, I am of the view that the petitioner can be granted bail subject to following conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.24/2022 of Ernakulam Excise Range Office, Ernakulam District as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.24/2022 of Ernakulam Excise Range Office, Ernakulam District ;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.24/2022 of Ernakulam Excise Range Office, Ernakulam District may file an application before the jurisdictional Court for cancellation of bail.