Santhosh vs State Of Kerala

Mohammed Nias. C.P.,J

The petitioner is the accused in Crime No.135/2022 of Excise Range Office, Sasthamcotta, for having committed offences punishable under Sections 55(i) and 58 and 67(B) of Kerala Abkari Act.

The allegation against the petitioner is that on 14.08.2022, at 07.30 a.m, the accused was found engaged in the unauthorized sale of illicit liquor by the margin of public road leads to Thodiyoor Aalu Jn- Valiyathu Jn. It is also alleged that 2.400 litres of illicit liquor and Rs.200/- was seized from the Hero Maestro scooter bearing registration No. KL-61-3024 belongs to the accused and thereby, he committed the offences alleged against him.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that he is in custody since 14.08.2022 and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the offfences committed by the petitioner and the fact that he is in custody from 14.08.2022 also since there is no apprehension raised by the prosecution that if he released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. Accordingly, this application is allowed and the petitioner is granted bail subject to the following conditions:-

(i) The petitioners shall be released on bail on executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when called upon to do so;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) If any of the conditions is violated, the court concerned shall take steps for cancellation of bail as per law;

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