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Judgment
8 paragraphs · 281 wordsThe applicant is the sole accused in Crime No.17 of 2021 of Sholayar Police Station, Palakkad, for having allegedly committed offences punishable under Sections 55(a) and 58 of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 08.03.2021, at about 4.10 PM, the Sholayar Police party intercepted the accused, while he was transporting 3.960 litres of IMFL, intended for sale only in the State of Tamil Nadu. He was arrested and remanded to judicial custody. He continues in remand. The applicant states that the allegations are not true and that he has no criminal antecedents. And, therefore, he seeks bail. 3. 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 that fact and the quantity of the liquor involved and the present pandemic situation, I find that further detention of the applicant may not be required.
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.