Harish.C vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is arrayed as accused in Crime No.100 of 2022 of Kumbala Police station, alleging commission of offences punishable under Section 58 of the Abkari Act.

The prosecution allegation is that on 03.07.2022 at 4.20 pm., accused was found in possession of 12.24 litres of IMFL meant for sale only in Karnataka from a shop near to the house bearing No,V/333(A) situated in Meenja Grama Panchayath and thereby committed the aforesaid offence.

Learned counsel for the petitioner submitted that the petitioner was arrested on 03.07.2022 and he is in custody since then. Learned counsel further submitted that the investigation is practically over.

Learned Public Prosecutor upon instructions submitted that the petitioner is involved in another crime.

Having regard to the facts and circumstances of the case and the nature of the allegations, he is in custody from 03.07.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the 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) Petitioner shall appear before the investigating officer in Crime No.100 of 2022 of Kumbala Police station, as and when called for.

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.100 of 2022 of Kumbala Police station,

(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.100 of 2022 of Kumbala Police station, may file an application before the jurisdictional court, for cancellation of bail.