Pratheesh vs State Of Kerala

Mohammed Nias C.P.J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the sole accused in Crime No.191/2023 of Alathur Excise Range Office, Palakkad District, for having allegedly committed offences punishable under Section 55(1) of the Abkari Act.

The prosecution allegation is that on 15.11.2013 at 01.15 p.m., the Excise Preventive Officer of Palakkad E.E & A.N.S.S Excise Office and his party conducted an inspection in the house. The accused was found selling Indian Made Foreign Liquor at the Varanda of the said house.14.5 litres of I.M.F.L in 29 bottles were found kept in a sack, and the excise officials seized them and thereby committed the offences.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody since 15/11/2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the allegation against the petitioner that the article involved is Indian Made Foreign Liquor, the fact that he has been in custody since 15/11/2023 and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on 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 jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when directed;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on bail;

If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.