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Judgment
18 paragraphs · 379 wordsThe applicant is the sole accused in Crime No.154 of 2020 of Balussery Excise Range, Kozhikode, for having allegedly committed offences
punishable under Sections 55(i), 67(B) and 34(I) (a) (iv) of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 12.11.2020, at about 8.45 PM, while the Excise officials were on patrol duty and reached near Urakkuzhi road, they found the accused selling
Indian Made Foreign Liquor. He was arrested from the spot and 44 litres of IMFL was seized from him. The applicant has been in custody since then.
The applicant states that he is innocent and the allegations are not true. And, therefore, he may be granted bail.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor submits that the applicant
has two other criminal antecedents of similar nature. He was engaged in two Abkari crimes. One in 2009 of Balussery Excise Range and the other
one is in the year 2019 of Thamarassery Excise Range. The learned counsel appearing for the applicant submits that in one of the cases, he has been
acquitted and the other case, he was found guilty and he paid fine and has been closed. At present, there are no crimes pending against him apart
from the instant crime. Under the circumstances, I find that he is entitled to be released on bail but on conditions:
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/-(Rupees One
lakh only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00PM for a period of three months or till filing of the
final report whichever is earlier.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.