Santhosh And Ors vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C.

Applicants are accused in Crime No.63/2020 Padagiri Police Station, Palakkad for having allegedly committed offences punishable under Section 55 (a) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 24.11.2020 at about 2.30 p.m. at Ayyappanthittu, Nelliyampathy, they were found in possession of 139 litres of Indian Made Foreign Liquor in plastic bottles being transported in an Omni Van bearing registration No. KL/05-8168 in contravention of the Abkari Act. The applicants were apprehended and remanded to judicial custody. They continue to remain in custody since their arrest.

The applicants state that they are innocent and the allegations are not true. They do not have any criminal antecedents. Therefore they may be released on bail.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicants have no other criminal antecedents. Considering this fact and the fact that the applicants have already been in custody since 24.11.2020, I find that further incarceration of the applicants may no be necessary.

In the result, the Bail Application is allowed and the applicants are directed to be released on bail on execution of bond for Rs. 50,000/-(Rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) They shall not get involved in similar cases during the currency of the bail.

(ii) They shall appear before the investigating officer as and when called for.

(iii) They shall not tamper with evidence, intimidate or influence the witnesses .

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.