Jayan vs State Of Kerala

The applicant is the accused in Crime No.79 of 2020 of Chalakkudy Excise Range Office, Thrissur, for having allegedly committed offences

punishable under Sections 55(i) and 13 read with Section 63 of the Kerala Abkari Act. The prosecution case, in brief, is this:

On 01.12.2020, at about 1.15 PM, the applicant was found to be in possession of 8.1 litres of Indian Made Foreign Liquor and was attempting to sell

the same in violation of the provisions of the Act. The applicant states that he is innocent and the allegations are not true. He is an auto driver by

profession and a false case has been fabricated against him. The applicant used to consume alcohol and had purchased alcohol for his personal use.

And, therefore, seeks bail since he has been in custody from 01.12.2020.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned counsel appearing for the applicant submits

that from out of 8.1 litres, 7.15 litres is constituted of beer, which contains only very less ethyl alcohol, in comparison to the other hard liquor. It is also

submitted that the applicant has no criminal antecedents. Hence, it is prayed that he may be granted bail. The learned Public Prosecutor admits that

the applicant has no criminal antecedents. The argument of the learned counsel referring to the remand report is not in dispute. Under the

circumstances, I find that further incarceration 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.