Mohanan Pillai vs State Of Kerala

Application for regular bail under Section 439 Cr.P.C. The applicant is the sole accused in Crime No.51/2021 of Karunagappally Excise Range Office, Kollam, for having allegedly committed offence punishable under Section 55(i) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 01.03.2021 at about 7.30 a.m, the Excise officials lead by the Excise Inspector Karunagappally Excise Range, found the applicant in possession of 1.400 litres of IMFL at his residence intended for sale and a glass which was used by him to serve the liquor to the customers and Rs.200/- being the proceeds of sale were also recovered. He was arrested and remanded to judicial custody and he continues in custody.

The applicant states that he is innocent and the allegations are not true. A false case has been foisted against him. He also has no criminal antecedents and therefore seeks bail.

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

The learned Public Prosecutor admits that the applicant has no criminal antecedents. Under the circumstances, I find no reason for further detention of the applicant. Quantity of liquor is only 1.400 litres.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

(1) He shall appear before the investigating officer as and when called for.

(2) He shall not attempt to influence or intimidate the witnesses.

(3) He shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.