Gopalakrishnan vs State Of Kerala

The applicant is the sole accused in Crime No.15 of 2021 of Neyyattinkara Excise Range, Thiruvananthapuram, for having allegedly committed an offence punishable under Section 55(i) of the Kerala Abkari Act. The prosecution case, in brief, is this:

On 14.03.2021, at about 8.30 PM, the applicant was found engaged in selling Indian made Foreign Liquor at Poothamkode in Kottukal Village. He was apprehended and 1 litre of Indian Made Foreign Liquor was recovered from him together with Rs.250/- which is allegedly to be the proceeds of sale. The applicant was remanded to judicial custody. He continues in custody. The applicant states that he has no criminal antecedents. He has been falsely implicated. And, therefore, seeks bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the quantity of the liquor involved and the fact that the applicant has no criminal antecedents, further detention 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.