Raveendran Pillai vs State Of Kerala

C.Pratheep Kumar, J

This is an application for regular bail filed under Section 439 Cr.P.C by the sole accused involved in Crime No.146 of 2023 of Kottarakkara Excise Range Office, Kollam. The offences alleged against the petitioner are under Sections 55(i) and 55(h) of the Abkari Act.

The Prosecution case is that on 12.12.2023 at 6.15 pm, the petitioner was arrested with 8 litres of Indian Made Foreign Liquor (IMFL) in front of Aluvila Stores on the south-west of Thamaramchira Sreekrishna Swamy Temple.

According to the learned counsel for the petitioner, this is a false case foisted against him and also that he is innocent. According to him, there is no criminal antecedents against the petitioner.

On the other hand, the learned Public Prosecutor opposed the application. It is admitted that there is no criminal antecedents against the petitioner.

The allegation against the petitioner is that he was found in possession of 8 litres of IMFL on 12.12.2023. The petitioner is in custody since 12.12.2023. There is no criminal antecedents against him.

Considering the entire fact that the petitioner is in custody since 12.12.2023 and there is no criminal antecedents against him, I am inclined to allow this application, subject to the following conditions :-

(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Court below.

(ii) The  petitioner  shall  report  before  the  Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of January, 2024, whichever is earlier.

(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.

(iv) The petitioner shall not involve himself in similar offence while on bail.