Christy vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner is the sole accused in the Crime No.319 of 2022 of Varandarappilly Police Station registered alleging commission of offences punishable under Sections 55(a) and 55(i) of the Abkari Act.

The prosecution case, in brief, is that on 01.06.2022 at about 19.00 hours the accused was found in possession of 11.5 litres of IMFL for the purpose of sale at the road side near Velupadam Church along with sale proceeds of Rs.320/-and thereby committed the abovesaid offences.

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

Learned counsel for the petitioner submitted that the petitioner is in custody from 01.06.2022 onwards and he has no other criminal antecedents. It is also submitted that the petitioner is falsely implicated in the above crime.

The learned Public Prosecutor opposed the bail application mainly contending that the petitioner is involved in other cases also.

Having regard to the facts and circumstances of the case and taking into consideration the fact that the petitioner is in custody from 01.06.2022 onwards, I am inclined to grant bail to the petitioner on the following conditions:

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

(ii) He shall appear before the investigating officer in Crime No.319 of 2022 of Varandarappilly Police Station on every Saturday at 11.00 am, until filing of final report.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in Crime No.319 of 2022 of Varandarappilly Police Station.

(iv) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 319 of 2022 of Varandarappilly Police Station may file an application before the jurisdictional court, for cancellation of bail.