RAJAGOPALAN vs STATE OF KERALA

The petitioner herein is the sole accused in Crime

No.89 of 2017 of the Thrithala Excise Range registered

under Sections 55(i) and 13 read with 63 of the of the

Kerala Abkari Act. He seeks regular bail under Section 439

of the Code of Criminal Procedure. The application filed by

him for regular bail was dismissed by the learned Judicial

First Class Magistrate, Pattambi on 07.10.2017. The

petitioner has been in judicial custody since 05.10.2017.

The prosecution case is that, on 05.10.2017 at

about 6.00 p.m, the petitioner was found possessing 4

litres of Indian Made Foreign Liquor for illicit sale. He was

arrested on the spot by the Excise Inspector and the

quantity of liquor was seized as per a mahazar. It is a

matter for decision on trial whether the excess quantity of

liquor was possessed by the petitioner for illicit sale or

whether this is only a case of possession of excess of

quantity of liquor.

On hearing both sides, I find that investigation

is practically over. The continued detention of the petitioner

in custody is felt not necessary.

In the result, this application for bail is allowed. The

petitioner will be released on bail on his executing a bond

with two solvent sureties for 30,000/- (Rupees Thirty

thousand only) each to the satisfaction of the court below

having jurisdiction. Bail is granted on condition that;

a. The petitioner shall report before the

Investigating Officer between 10.00 am and 11

a.m on all Wednesdays for a period of two

months.

b. The petitioner shall not leave the

jurisdictional limits of the Thrithala Excise Range

for two months.

c. The petitioner shall not involve in any

offence punishable under the Kerala Abkari Act till

trial of the case is over.