Santhosh vs State Of Kerala

This is an application filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

Petitioner is the accused in Crime No.736/2020 of Nenmara police station, who faces allegation under Section 55(a) of the Abkari Act. It is alleged

that he had transported ten bottles of Indian Made Foreign Liquor having capacity of 500 ml. each in a Suzuki Access 125 motorcycle bearing

Regn.No.KL-70-F-0588. He was arrested from the spot and since then is in judicial custody. His application for bail moved before the Judicial First

Class Magistrate-I, Alathur was dismissed.

I heard the learned counsel on both sides.

The petitioner is in custody from 08/12/2020 onwards . The quantity of liquor seized is only 5 litres; and there is no criminal antecedents to his

credit. In such circumstances and by all means, the investigation must have been progressed considerably, so that, there is no impediment in granting

bail to the petitioner. Therefore, the bail application is allowed and the petitioner shall be released on bail on the following conditions:-

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

of the Judicial First Class Magistrate â€" I, Alathur;

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

iii) Petitioner shall not leave India without permission of the jurisdictional Court;

iv) He shall appear before the investigating officer as and when necessary;

v) The petitioner shall strictly abide the various guidelines issued by the State Government and the Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic;

vi) If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance with law.