High CourtsSingle Bench

Sakthivel S vs State Of Kerala

High Court Of Kerala · Decided on 12 August 2021 · Citation: (2021) 08 KL CK 0098

HON’BLE JUDGES
K.Haripal, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Abkari Act, 1967 — Section 55(a)
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 6008 Of 2021
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Judgment

17 paragraphs · 261 words

K.Haripal, J

1.

The sole accused in crime No.494/2021 of Walayar police station is before Court under Section 439 of the Cr.P.C., seeking regular bail.

2.

The crime was registered on 23.07.2021 alleging offence under Section 55(a) of the Abkari Act, after seizing 11 litres of Indian made foreign liquor

from the possession of the petitioner, which was found being transported in a motor cycle bearing registration No.KL-51-H 4802. He was intercepted

at a place by name, 'Chullimada' and arrested along with the contraband and since then is in judicial custody.

3.

I heard counsel on both sides.

4.

It is submitted that the petitioner does not have criminal antecedents. Now the contraband has already been seized along with the scooter. In the

nature of the allegations, further detention cannot be insisted. Investigation has progressed considerably.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional

court;

ii) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

iv) He shall not involve in any crime during the period on bail;

v) He shall appear before the Investigating Officer/trial court as and when

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.