Rameshan.K vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the accused in Crime No.90/2021 of Neeleshwar Excise Range alleging commission of offences punishable under Sections 58 and 67 B of Kerala Abkari Act.

The prosecution case is that, on 01.07.2021 at 2.45 PM, the accused was found in possession and transporting of 2.7 liters of Indian Made Foreign Liquor for sale in Karnataka State only, in a scooter bearing Registration No. KL-60-G-8140.

The learned counsel for the petitioner submitted that, the petitioner was falsely implicated in the above crime and he is already arrested and remanded to Judicial custody on 30.05.2022. He earlier moved an application for bail before the Judicial First Class Magistrate Court-II, Hosdurg and the same was rejected as per Anx.A3-Order. The counsel for the petitioner further submitted that, he has no criminal antecedents.

Heard the Learned Public Prosecutor also.

The learned Public Prosecutor, upon instruction, submitted that petitioner is not involved in any other crime.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 30.05.2022 onwards, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each 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.90/2021 of Neeleshwar Excise Range, on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or any witness in Crime No.90/2021 of Neeleshwar Excise Range;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) 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.90/2021 of Neeleshwar Excise Range may file an application before the jurisdictional court, for cancellation of bail.