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Judgment
19 paragraphs · 371 wordsThe applicant is an accused in Excise Crime No.91 of 2020 of Karthikappally Excise Range Office, Alappuzha, for having allegedly committed
offences punishable under Section 55(i) of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 29.09.2020, when the Excise party reached near the residence of the applicant's father, on getting reliable information regarding sale of liquor,
they found three persons standing near the residence and one of them was found carrying a plastic cover, handing over a bottle of liquor from out of
the cover to another person and on seeing the Excise officials, they fled away from there. 90 bottles of Indian Made Foreign Liquor, containing 500ml
each was seized from the place. Crime was registered. The applicant in anticipation of arrest approached this Court by filing B.A.No.6525 of 2020
and the same was disposed of by this Court directing him to surrender before the Investigating Officer within two weeks. Accordingly, the applicant
surrendered on 02.11.2020 and was remanded to judicial custody on 03.11.2020. The applicant seeks regular bail stating that he has no criminal
antecedents and that he is willing to comply with any conditions that may be imposed.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The applicant has no criminal antecedents is admitted by
the learned Public Prosecutor. Considering the quantity of the liquor involved, and the present pandemic situation, I find that further incarceration of
the applicant may not be essential.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty
thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.