High CourtsSingle Bench

K. Viswanathan vs State Of Kerala

High Court Of Kerala · Decided on 16 June 2021 · Citation: (2021) 06 KL CK 0249

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Kerla Abkari Act, 1967 — Section 8(1), 8(2)
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 4705 Of 2021
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Judgment

11 paragraphs · 199 words

Ashok Menon, J

1.

This is an application for regular bail under Section 439 of the Cr.P.C.

2.

The applicant is the sole accused in Crime No.682/2021 of Sasthamkotta Police Station for having allegedly committed the offences punishable

under Sections 8(1) and 8(2) of the Abkari Act.

3.

The prosecution case, in brief, is that on 26.05.2021 at about 5.30 PM at Kuttiyil Junction-Railway Station Road in Kadapa Muri in Mynagappally

Village, the police officers on patrol duty apprehended the accused and he was found to be in possession of one litre of arrack in a plastic bottle. He

was arrested and remanded to judicial custody. He was released on interim bail on 27.05.2021.

5.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

6.

The learned Public Prosecutor admits that the applicant has no other criminal antecedents. Considering the quantity of liquor involved and the fact

that the applicant does not have any criminal antecedents, as also the present pandemic situation, I do not find any reason for further incarceration of

the applicant. Therefore, the interim bail granted to the applicant is made absolute and he shall execute the bond as directed by the court.