High CourtsSingle Bench

Musammil vs State Of Kerala

High Court Of Kerala · Decided on 12 August 2021 · Citation: (2021) 08 KL CK 0094

HON’BLE JUDGES
K.Haripal, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Abkari Act, 1967 — Section 58, 67B
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 16411 Of 2021
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Judgment

21 paragraphs · 295 words

K.Haripal, J

1.

The petitioners who are accused in Crime No.610/2021 of Kasaragod Police Station have moved this Court under Section 439 of the Cr.P.C.

seeking regular bail.

2.

The crime was registered on 26.07.2021, after seizing 311 litres of Indian made foreign liquor, in 1728 tetra packets of 180 ml each, which were

intended for sale in Pondichery. The petitioners were arrested when it were found being transported in a car bearing registration No.KL-53-D 6730.

They were arrested from Adukkathubayal. After seizing the contraband and arresting the accused, the crime was registered alleging offence under

Sections 58 and 67B of the Abkari Act.

3.

Heard the counsel on both sides.

4.

The learned Senior Public Prosecutor has submitted that no antecedents are noticed against the petitioners. Investigation has progressed

considerably and therefore, their continued detention is not warranted.

Therefore, the petitioners shall be released on bail on the following conditions:-

i) Petitioners shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) each, with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court;

ii) They shall not try to contact or influence the witnesses or tamper with evidence;

iii) They shall not leave the country without leave of the jurisdictional court;

iv) They shall not involve in any crime during the period on bail;

v) They shall appear before the Investigating Officer/trial court as and when required;

vi) They shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

vii) If any of the above conditions are violated by the petitioners, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.