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Manoj K.A And Ors vs State Of Kerala

High Court Of Kerala · Decided on 19 March 2021 · Citation: (2021) 03 KL CK 0211

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Kerala Abkari Act, 1967 — Section 55(a), 55(i)
RESULT
Allowed
CASE NUMBER
Bail Application No. 2285 Of 2021
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Judgment

9 paragraphs · 349 words
1.

Application for regular bail under Section 439 of Cr.P.C. Applicants are accused in Crime No.184/2021 of Koipuram Police Station, Pathanamthitta for having allegedly committed offence punishable under Section 55(a) and (i) of the Kerala Abkari Act.

2.

The prosecution case, in brief, is that on 19.02.2021 at about 3 p.m. the accused persons were found to be in possession of 46.5 litres of Indian Made Foreign Liquor which was intended for sale and it was the excess of the permissible limits, which the three persons could hold.

3.

The applicants state that they are innocent and the allegations are not true. They had purchased the liquor bottle from a authroised outlet of the KSBC and that it is not illegal liquor. It is submitted that they have bills to prove that it is a valid purchase. There is no indication that they have engaged in the sale of the liquor and hence at the most the offence that would lie against them is for being in possession of excess quantity of liquor. The applicants have no other criminal antecedents and they seek bail , since they have been in custody for more than a month now.

4.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

5.

The learned Public Prosecutor admits that the applicants have no criminal antecedents. Under the circumstances, I find that further incarceration of the applicants may not be necessary. In the result, the Bail Application is allowed and the applicants are directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only)each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) They shall appear before the investigating officer as and when called for.

(ii) They shall not get involved in similar cases during the currency of the bail.

(iii) They shall not tamper with evidence, intimidate or influence the witnesses.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.