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Judgment
14 paragraphs · 277 wordsThe applicant is the accused in Crime No.79 of 2020 of Peravoor Excise Range Office, Kannur, for having allegedly committed offences
punishable under Sections 55(g), 8(1) and 8(2) of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 03.11.2020, at about 12.45 PM, the Excise officials seized 75 litres of wash and 2 litres of arrack from near a building rented by the applicant.
The applicant prays that he is innocent and the allegations are not true. And, therefore, seeks bail. The applicant has been in custody since 03.11.2020.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. It is admitted by the learned Public Prosecutor that the
applicant has no criminal antecedents. Considering the quantity of the liquor involved, and the antecedents of the applicant and also the present
pandemic situation, I find that further incarceration of the applicant may not be essential.
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.1,00,000/-(Rupees One
lakh 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.