Ibrahim vs State Of Kerala

Ashok Menon, J

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicants are accused 1 and 2 in Crime No.203/2021 of Cherpulassery Police Station for having allegedly committed the offences punishable

under Sections 58, 55(a) and 55(D) of the Abkari Act.

The prosecution case, in brief, is that on 04.06.2021 at about 1.00 AM at Karalmanna, the accused were found to be in possession of 99.25 litres of

Indian made foreign liquor in a vehicle bearing Reg.No.KL-49-C-2612 intended for sale in Kerala. The contraband was allegedly imported from the

State of Karnataka and was intended for sale only in the State of Karnataka. The applicants were remanded and they continue in judicial custody.

The applicants state that they are innocent and the allegations are not true and that they are willing to abide by any condition that may be imposed.

Therefore, they seek bail.

Heard the learned Counsel for the applicants and the learned Public Prosecutor.

The learned Public Prosecutor points out that the applicants have criminal antecedents of similar nature in the State of Tamil Nadu, and therefore, in

case they are released on bail, there is every possibility that they may get involved in offences of similar nature.

After having heard the submissions made on both sides, I find that even though there is an antecedent pointed out against the applicants in Tamil

Nadu, there are no antecedents in Kerala. Moreover, considering the present pandemic situation, I find that further incarceration of the applicants may

not be necessary; but in view of the antecedents, stringent conditions shall be imposed.

As a result, the bail application is allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees

fifty thousand only) each with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other

conditions:

i)They shall appear before the investigating officer on all Saturdays between 9.00 AM and 12.00 noon for a period of two months or till the final report is filed,

whichever is earlier;

ii) They shall not attempt to influence or intimidate the witnesses; and

iii) They shall not get involved in similar offences during the currency of the bail.

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.