Joseph Baiju vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.10/2022 of Ernakulam Excise Range office, Ernakulam alleging commission of offences under Sections 55 (i) of the Abkari Act.

The allegation against the petitioner is that he was found in possession of 68 litres of Indian Made Foreign Liquor (IMFL) which he had kept in his possession for the purpose of sale.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner had no occasion to keep any quantity of IMFL for the purpose of sale, in his possession. It is submitted that the petitioner has been falsely implicated in the case. It is submitted that the petitioner has no criminal antecedents. Finally, it is submitted that the petitioner was arrested on 01-02-2022 and has been in custody for 30 days and his continued detention is not necessary for the purpose of any investigation.

Heard the learned Public Prosecutor also. The learned Public Prosecutor submits from the records that the Excise officials had recovered a substantial quantity of IMFL from the possession of the petitioner. It is submitted that considering the quantity involved and other information received, the petitioner was engaged in illegal sale of IMFL.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 01-02-2022, and since continued detention is not necessary for the purpose of any investigation, I am of the view that the petitioner can be granted bail subject to conditions. I also note that no criminal antecedents are reported against the petitioner.

In the result this 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 a sum of Rs.50,000/- (Rupees fifty 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 in Crime No.10/2022 of Ernakulam Excise Range as and when summoned to do so;

(iii) The petitioner shall not interfere with the investigation, influence or intimidate any witness in Crime No.10/2022 of Ernakulam Excise Range;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.10/2022 of Ernakulam Excise Range may file an application before the jurisdictional Court for cancellation of bail.