Naveen Shetty vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.180 of 2022 of the Kumbala Excise Range office, Kasaragod District registered alleging commission of offences punishable under Sections 58 and 67B of the Kerala Abkari Act.

Prosecution case is that on 12.11.2022 at 8.30 a.m., the petitioner was found in possession of 388.80 litres of IMFL (285.12 litres meant for sale only in State of Goa and 103.68 litres meant for sale in State of Karnataka) at Bakery Junction at Alabe Desom in Vorkady Village and thus committed the abovesaid offences.

Petitioner submits that he is in custody from 12.11.2022 onwards and that he is totally innocent of the allegations levelled against him.

Heard the learned Public Prosecutor also.

Considering the facts and circumstances of the case and the nature of allegations and also taking into consideration the fact that petitioner is in custody from 12.11.2022 onwards, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.180 of 2022 of the Kumbala Excise Range office, Kasaragod District on all Saturdays at 11.00 a.m. until filing of final report.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.180 of 2022 of the Kumbala Excise Range office, Kasaragod District may file an application before the jurisdictional court, for cancellation of bail.