Joseph vs State Of Kerala

Mohammed Nias C.P, J

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No. 130/2023 of Irinjalakkuda Excise Range Office, Thrissur, for having allegedly committed offences punishable under Section 55(i) of the Kerala Abkari Act.

The allegation against the petitioner is that, on 31/08/2023, at 11.15 p.m., the Preventive Officer, upon information, detected an abkari case wherein the petitioner was found in possession of 5 litres of IMFL for the purpose of sale and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 31/08/2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner and the prima facie improbability of commission of the offence as alleged and also the fact that he has been in custody since 31/08/2023 and since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.25000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when directed

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;