Devakumar vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the sole accused in Crime No. 1233/2023 of Town South Police Station, Palakkad, for having allegedly committed the offences punishable under Sections 55(a) & 55(i) of the Abkari Act.

The prosecution case is that the accused, on 2.9.2023 at 8.55 P.M., on a Suzuki Access Scooter with Registration No. KL-38 F 9011 was found with 9 litres of IMFL in 17 plastic bottles for illegal sale on the road behind KSRTC Stand and, thereby, committed the offences.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 2.9.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner, the quantity involved, and the fact that he has been in custody since 2.9.2023 and also since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. Accordingly, this application is allowed, and the petitioner is granted bail, subject to the following conditions:-

i. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional court;

ii. The petitioner shall report before the Investigating Officer as and when directed;

iii.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

iv.The petitioner shall not be involved in any other crime while on bail.

If any of the conditions are violated, the jurisdictional court concerned will be empowered to take steps for cancellation of bail as per law.