Roshan vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioners are accused Nos. 1 and 2 in Crime No.101/2022 of Kasaragod Excise Range, Kasaragod alleging commission of offences punishable under Sections 58, 55(i) and 67 B of the Abkari Act.

The prosecution case is that, at 8.50 am., on 09.06.2022, accused Nos.1 and 2 were found transporting 4.32 litres of Indian Made Foreign Liquor meant for sale in state of Karnataka in his Motor bike bearing Reg. No. KL-14-T-7130 along National Highway at Karanathakkad. Thus, the accused are alleged to have committed the offence punishable under Section 58 and 67 B of Abkari Act I of 1077.

The learned counsel for the petitioners submitted that, the petitioners are falsely implicated in the above said crime and they are in custody from 15.06.2022.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the 2nd accused is involved in three other offences of similar nature of Excise Range office, Kasaragod.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 15.06.2022, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

(i) The petitioners 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) Petitioners shall appear before the investigating officer in Crime No.101/2022 of Kasaragod Excise Range, Kasaragod on every Saturday at 11 am until filing of final report and shall co-operate with the investigation;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or any witness in Crime No.101/2022 of Kasaragod Excise Range, Kasaragod;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.101/2022 of Kasaragod Excise Range, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.