Sabu Vallippuli Sabu vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.18/2022 of Excise Range Office, Neyyanttinkara, alleging commission of offence under Section 55(i) of the

Kerala Abkari Act.

Allegation against the petitioner is that he was found in possession of 2½ litres of Indian Made Foreign Liquor, kept for the purpose of sale

together with an amount of Rs.500/-, which was received by the petitioner from the illegal sale of Indian Made Foreign Liquor.

Learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the liquor found in

possession of the petitioner was within the permissible limits and no offence could be alleged against the petitioner It is submitted that the petitioner

has been in custody from 02.02.2022 and his continued detention is not necessary for the purpose of any investigation.

Learned Public Prosecutor opposes the grant of bail. It is submitted that the petitioner was found in possession of five opened and unsealed bottles

of Indian Made Foreign Liquor on 01.02.2022, which was a dry day. That apart, certain amount which was received by the petitioner from the illegal

sale of Indian Made Foreign Liquor was also recovered. It is submitted that the petitioner is not entitled to bail as there is every chance of similar

offences being repeated. In reply, learned counsel for the petitioner points out that the petitioner has no criminal antecedents whatsoever.

Having regard to the facts and circumstances of the case and considering the fact that no criminal antecedents have been reported against the

petitioner and also taking into account the fact that his continued detention is not necessary for the purpose of any investigation, I am of the opinion

that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner

shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty 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. 18/2022 of Excise Range Office, Neyyanttinkara as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.18/2022 of Excise Range Office,

Neyyanttinkara ;

(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. 18/2022 of Excise Range Office, Neyyanttinkara, may file an

application before the jurisdictional court, for cancellation of bail.