Rakshith vs State Of Kerala

Viju Abraham,  J

This is an application for regular bail.

Petitioner is the accused in Crime No.12/2023 of Manjeswar Police Station, Kasaragod, alleging commission of offence under Section 55 (a) of the Kerala Abkari Act.

The prosecution allegation against the petitioner is that, on 05.01.2023, at 19.45 hours, the accused was found transporting one case beer and 9 case Indian Made Foreign Liquor meant for sale only in the state of Karnataka in a Wagon r car bearing reg No. KA-19-Z-7354 from Thalappady side towards Uppala side and thereby, he committed the offence alleged against him.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent in the matter and he is in custody from 05.01.2023 onwards. It is further submitted that the continued detention of the petitioner is not necessary for the purpose of any investigation.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and taking into account the nature of the allegations against the petitioner and considering the fact that his continued detention is not necessary in the facts and circumstances of the case, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.12/2023 of Manjeswar Police Station, Kasaragod as and when required;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.12/2023 of Manjeswar Police Station, Kasaragod ;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.12/2023 of Manjeswar Police Station, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.