Jaison vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is the sole accused in Crime No.206 of 2022 of the Karunagappally Excise Range office, Kollam District registered alleging commission of offences punishable under Sections 55(i) and 67 of the Kerala Abkari Act.

Prosecution case is that, on 01.10.2022 at 3.00 p.m., near KSEB Post at Kallukadavu the accused found in possession of 6.3 litres of IMFL and thus committed the abovesaid offences.

Petitioner submits that he is in custody from 01.10.2022 onwards and that he has been falsely implicated in the abovesaid crime.

Learned Public Prosecutor though opposed the application for bail, submitted that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and the nature of allegations and also taking into consideration the fact that petitioner is in custody from 01.10.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner.

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 Rs.25,000/-(Rupees twentyfive thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.206 of 2022 of the Karunagappally Excise Range office, Kollam District on all Saturdays at 11.00 a.m. until filing of final report.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.206 of 2022 of the Karunagappally Excise Range office, Kollam District may file an application before the jurisdictional court, for cancellation of bail..