Saji vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.142/2022 of Kuruppampady police station, Ernakulam district, alleging commission of offences under Sections 55(a) and (i) of the Kerala Abkari Act.

Allegation against the petitioner is that on 22.02.2022, at 08.30 pm, the petitioner was found in possession of 5.75 litres of Indian Made Foreign Liquor kept with him, for the purpose of sale.

Learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated. It is submitted that the only offence that could be alleged against the petitioner is that the petitioner kept the Indian Made Foreign Liquor in excess of the permitted quantity. It is submitted that there is nothing on record to suggest that the petitioner was engaged in the illegal sale of liquor. It is submitted that the petitioner has been in custody for 24 days and his continued detention is not necessary for the purpose of any investigation.

I have heard the learned Public Prosecutor also. It is confirmed that no criminal antecedents are reported against the petitioner.

Having regard to the facts and circumstances of the case and considering the nature of the allegations, 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. 142/2022 of Kuruppampady Police station as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.142/2022 of Kuruppampady police station;

(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.142/2022 of Kuruppampady police station may file an application before the jurisdictional court, for cancellation of bail.