Saji Kumar vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.31/2022 of Sasthamcotta Excise Range, Kollam alleging commission of offences under Section55 (i) of the Kerala Abkari Act.

The allegation against the petitioner is that on 01.03.2022, at 7.15 a.m., the petitioner was found engaged in unauthorised sale of Indian Made Foreign Liquor. It is alleged that the Excise Party has seized 3.800 litres of Indian Made Foreign Liquor from the petitioner.

The learned counsel 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 petitioner has been in custody from 1.3.2022 and that his continued detention is not necessary for the purposes of any investigation.

Heard the learned Public Prosecutor also.

The learned Public Prosecutor points out that one earlier case has been registered against the petitioner where the allegations are almost identical. It is submitted that, if the petitioner is granted bail, there is every chance of similar offence being repeated.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and being of the opinion that the continued detention of the petitioner is not necessary for the purposes of any investigation, I am inclined to grant bail to the petitioner subject to conditions.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(i) 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. 31/2022 of Sasthamcotta Excise Range, Kollam, whenever called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 31/2022 of Sasthamcotta Excise Range, Kollam;

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

If any of the aforesaid conditions is violated, the investigating officer in Crime No.31/2022 of Sasthamcotta Excise Range, Kollam, may file an application before the jurisdictional court for cancellation of bail.