Dinesh R K @ Gireesh vs State Of Kerala

This is an application filed under Section 439 of Cr.P.C seeking regular bail.

The petitioner is the sole accused in Crime No.396 of 2020 of Kumbla Police Station facing allegation under Section 55 (a) of the Abkari Act.

The precise allegation is that on 20.07.2020, he was found in possession of 1536 tetra packets of 180 ml. and 1248 bottles of Indian Made Foreign

Liquor which was meant for sale in Karnataka only. He was arrested on 30.10.2020 and since then is in judicial custody.

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

Learned Public Prosecutor says that eventhough he has some other crime to his credit, no other Abkari case is noticed. The petitioner is in custody

for nearly sixty days and investigation has progressed considerably. In the circumstances, his continual detention is not warranted and he shall be

released on bail 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 not try to contact or influence the witnesses or tamper with evidence;

iii) Petitioner shall not leave India without permission of the jurisdictional Court;

iv) He shall appear before the investigating officer as and when required;

v) The petitioner shall strictly abide the various guidelines issued by the State Government and the Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic;

vi) If any of the above conditions are violated by the petitioner, the jurisdictional court shall be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.