Sabu John vs State Of Kerala And Ors

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the sole accused in Crime No.20/2021 of Thankamony Excise Range for having allegedly committed the offences punishable under Sections 55(a)(i) and 67B of the Abkari Act.

The prosecution case, in brief, is that on 10.03.2021 at about 9.00 PM the applicant was found transporting 50 litres of Indian Made Foreign Liquor in an autorickshaw bearing Reg.No.KL-44-E-5695 in front of Indian Oil Corporation petrol pump at Thadiyampadu and he was apprehended by the Excise officials and remanded to judicial custody.

The applicant states that he is innocent and the allegations are not true and that he has been in custody for about a month, and therefore, prays that he may be released on bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has criminal antecedents of having been involved in a similar offence in the year 2019. Therefore, the application for bail is opposed stating that there is every possibility that the applicant may get involved in similar offences in case he is released on bail.

After having heard the submissions on both sides, I find that the antecedents against the applicant is of the year 2019 and thereafter he has not been involved in any other crime, apart from the instant case. Considering the present pandemic situation and the applicant has been in custody for a month, further incarceration of the applicant may not be necessary.

As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

ii) He shall not attempt to influence or intimidate the witnesses; and

iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.