Kiran K.V vs State Of Kerala

SHIRCY V, J

Application for regular bail.

Petitioners are the accused Nos.1 and 2 in Crime No.290 of 2021 of Kumbla Police Station, Kasargod District registered for the offence punishable

under Section 55(a) of the Abkari Act.

The prosecution allegation is that on 28.05.2021 at about 10.30 am they were found in possession of 10.2 litres of Indian Made Foreign Liquor and

transportation of the same through the National Highway at Kumbla in contravention of the provisions of the Abkari Act and thereby committed the

aforesaid offences.

The petitioners have been in custody since 28.05.2021.

According to the learned counsel for the petitioners they are totally innocent of the allegations levelled against them.

The learned Public Prosecutor has submitted that the investigation is well in progress and these petitioners are having no criminal

antecedents.

Considering the quantity of contraband involved, the period of detention undergone by them in judicial custody, the present stage of investigation and

the other facts and circumstances involved in this case, I am inclined to release them on bail subject to the following conditions :-

(i) The petitioners shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like

sum each to the satisfaction of the court having jurisdiction.

(ii) They shall also appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as toÂ

dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

Â

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.