Dheeraj vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.213/2021 of Kumbla Excise Range, Kasaragod District, alleging commission of offence punishable under

Section 58 of the Abkari Act.

The allegation against the petitioner is that the petitioner was found in possession of 51.660 litres of Indian Made Foreign Liquor and 24 litres of

Beer meant for sale only in the State of Karnataka and thereby he committed the offence alleged against him.

The learned counsel for the petitioner submits that the petitioner has been in custody from 8.12.2021. It is submitted that the petitioner is absolutely

innocent in the matter and has been falsely implicated. It is submitted that the recovery of the liquor was not from the possession of the petitioner. It is

submitted that no antecedents are reported against the petitioner and he may be directed to be released on bail as his continued detention is not

necessary for the purpose of any investigation.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor points out that the quantity of liquor recovered from the petitioner itself suggests that the petitioner had kept the

same in his possession for the purposes of sale. It is submitted that though no criminal antecedents are reported against the petitioner, the Excise

Officials have clear proof that the petitioner had kept the liquor in his possession for the purposes of sale.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 8.12.2021 and since

his further detention may not be necessary for the purposes of any investigation, I am of the view that the petitioner can be granted bail subject to

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. 213/2021 of Kumbla Excise Range, on every Saturday at 11 a.m until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.213/2021 of Kumbla Excise Range ;

(iv) 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.213/2021 of Kumbla Excise Range, Kasaragod District, may file

an application before the jurisdictional Court for cancellation of bail.