Premjith M.K vs State Of Kerala

K.Haripal, J

This is an application filed under Section 439 of the Cr.P.C.

Petitioner is the sole accused in crime No.138/2021 of Kasaragod Excise Range, which was registered on 05.07.2021 after seizing 3.6 litres of

Indian made foreign liquor which meant for sale in Karnataka only; while the petitioner transported it in his motor cycle bearing registration No.KL-14

E 1320, he was intercepted at a place by name, 'Badhibagily' in Nullippady Village. Since the date of arrest, he is in judicial custody. The allegation is

under Section 58 of the Abkari Act.

I heard counsel on both sides.

The learned Public Prosecutor has submitted that he has three more cases of similar nature that, he is a repeater of such crimes. Anyhow, the

petitioner is in custody from 05.07.2021; investigation has practically over and his further detention is not necessary.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute 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 not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

iv) He shall not involve in any crime during the period on bail;

v) He shall appear before the Investigating Officer/trial court as and when required; He shall also report before the Investigating Officer every Saturday between 7 am

and 9 am till final reports in all the cases against him are filed.

vi) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.