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Judgment
17 paragraphs · 294 wordsApplication for regular bail under Section 439 Cr.P.C.
The applicant is the sole accused in Crime No.17/2021 of Vamanapuram Excise Range Office, Thiruvananthapuram, for having allegedly committed
offences punishable under Sections 55(i) and 67(B) of the Kerala Abkari Act.
The prosecution case, in brief, is that on 01.03.2021 at Anadu Muri, at about 12.10 p.m, the applicant was found to be in possession of 8.100 litres
of IMFL by the Excise party which was kept in his jeep for the purpose of retail selling. The applicant was arrested and remanded to judicial custody.
He continues in remand.
The applicant states that he is innocent and the allegations are not true. He has no criminal antecedents and therefore he seeks indulgence of this
Court for granting bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the quantity of the liquor involved and the present
pandemic situation, I find that further detention of the applicant may not be necessary.
In the result, the bail 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 for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
He shall appear before the investigating officer as and when called for.
He shall not attempt to influence or intimidate the witnesses.
He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.