Pradeep vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the sole accused in Crime No.53/2023 before the Excise Range Kodungallore, Thrissur district. The offences alleged against the petitioner are under sections 55(a), (i) and Section 13 r/w Section 63 of the Abkari Act, 1077.

According to the prosecution, the accused was, on 01.06.2023, found in possession of 11 litres of Indian Made Foreign Liquor stored in his house, kept for the purpose of sale, in violation of the Abkari Act and thereby committed the offences alleged.

I have heard Sri.N.L.Bitto., the learned counsel for the petitioner and Smt.T.V.Neema, the learned Public Prosecutor.

After appreciating the arguments of the learned counsel and on perusing the materials on record, I am of the prima facie view that the allegations are serious and there are materials to connect the petitioner with the crime. Petitioner was arrested on 01.06.2023 and he is reported to be having no criminal antecedents against his name. Further, the quantity of IMFL seized from  his  possession  also  compells  this  Court  to  release  the petitioner on bail. Therefore, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Hence, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

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

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.