Deepesh Kumar vs State Of Kerala

C.Pratheep Kumar, J

This is an application for regular bail filed under Section 439 of Cr.P.C. by the accused in Crime No.46/2024 of the Chadayamangalam Excise Range Office, Kollam. The offences alleged against the petitioner are under Sections 55(i) & 67B of the Kerala Abkari Act.

The Prosecution case is that on 28.04.2024, at about 8 p.m, the accused was found in possession of 800 ml of Indian Made Foreign Liquor (IMFL). He was arrested on the same day and he is custody till then.

According to the learned counsel for the petitioner, this is a false case foisted against the petitioner and that he is innocent.

The application was opposed by the learned Public Prosecutor.

The case against the petitioner is that, on 28.4.2024, he was found in possession of 800 ml of IMFL. In the crime and occurrence report, there is no specific allegation that the petitioner had possessed the above IMFL for the purpose of sale.

Considering the fact that the petitioner is in judicial custody since 28.04.2024, I am inclined to allow this application, subject to the following conditions :-

(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Court below.

(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of June, 2024, whichever is earlier.

(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.

(iv) The petitioner shall not involve himself in similar offence while on bail.