Jayesh vs State Of Kerala

The applicant is the sole accused in Crime No.152 of 2021 of Alathur Police Station, Palakkad, for having allegedly committed offences punishable under Sections 55(a) and (i) of the Kerala Abkari Act. The prosecution case, in brief, is this:

On 14.03.2021, at about 17.45 hours, near the pump house at Valiyaparambupuzha, Kavaserry, the applicant was found to be in possession of 3.100 litres of IMFL in 4 bottles, in contravention of the aforesaid act. The applicant was arrested on the said day and remanded to judicial custody. He continues in remand. The applicant states that he has no criminal antecedents and the allegations are not true. He seeks bail.

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 the quantity of the liquor involved and the fact that the applicant has no criminal antecedents and also the present pandemic situation, I am not inclined to extent the detention of the applicant.

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.