Sanjay vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.109/2021 of Kumbala Excise Range, alleging commission of offence under Section 58 of the Kerala Abkari Act.

Allegation against the petitioner is that on 17.06.2021, at 05.00 pm, he was found in possession of 39.42 litres of Indian Made Foreign Liquor, meant for sale only in the State of Karnataka and thereby, he committed the offence alleged against him.

Learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been in custody from 07.05.2022 and continued detention of the petitioner is not necessary for the purpose of any investigation. It is submitted that the the contraband was recovered adjacent to the house of the petitioner and not from possession of the accused. It is submitted that the petitioner may be granted bail on any condition that this court may deem fit to impose.

I have heard the learned Public Prosecutor also. Learned Public Prosecutor also pointed out the circumstances appearing against the petitioner and also refers to the fact that the petitioner is a habitual offender and he is accused in another offence of identical nature registered in the year 2022 as well.

Having regard to the facts and circumstances of the case and taking into account the nature of the allegations against the petitioner and considering the fact that his continued detention is not necessary in the facts and circumstances of the case, 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 deposit an amount of Rs.50,000/-(Rupees fifty thousand only) before the jurisdictional court;

(iii) Petitioner shall appear before the investigating officer in Crime No.109/2021 of Kumbala Excise Range as and when called upon to do so;

(iv) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.109/2021 of Kumbala Excise Range ;

(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.109/2021 of Kumbala Excise Range may file an application before the jurisdictional court, for cancellation of bail.