Mohanamurukan vs State Of Kerala

Shircy V., J

The petitioner, who is the sole accused in Crime No. 92 of 2021 of Sholayar Police Station registered for the offences punishable under Sections 55(a), 55(i) and 58 of the Kerala Abkari Act has moved this application for his release on bail.

The petitioner has been in custody since 20.11.2021.

The prosecution allegation is that at about 2.05 p.m., the petitioner was found in illegal possession of 29.7 litres of Indian made foreign liquor kept for the purpose of illegal sale, by the excise officials and thereby the crime has been registered against them.

The petitioner though contended that he is totally innocent, the records would reveal that he was caught red handed with the contraband article.

But the learned Public Prosecutor has no case that he is having any criminal antecedents.

Therefore, considering the period of detention undergone by him in custody, the present stage of investigation, the quantity of the contraband involved and the other facts and circumstances involved, I am inclined to release him on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

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

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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

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