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Judgment
16 paragraphs · 285 wordsThe applicant is the sole accused in Crime No.20 of 2020 of Parli Excise Range, Palakkad, for having allegedly committed offence punishable under
Section 8(2) of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 23.04.2020 at about 2.30 PM, the applicant was found to be in possession of 10 litres of arrack, which he was transporting on his scooter
bearing Reg No.KL-50H-4794 and was intercepted in front of the family auditorium near Mundur Junction. He was arrested on 27.10.2020 and
remanded to judicial custody. The applicant prays that he may be released on bail, since he has no previous antecedents and the quantity is also only
10 litres.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. It is admitted that the applicant has no other criminal
antecedents. Considering his antecedents, the quantity involved and the present pandemic situation, I find that further incarceration of the applicant
may not be necessary.
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.50,000/-(Rupees Fifty
thousand 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 as and when called for.
(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.