Santhosh Crastha vs State Of Kerala

K. Haripal, J

The petitioner is the accused in Crime No.68/2021 of Kumbala Excise Range, Kasargod District alleging offence punishable under Sections 58 and

67(B) of the Kerala Abkari Act. The allegation is that on 01.05.2021 at about 02.30 a.m., he was found transporting 259.2 litres of illegally imported

Indian made foreign liquor, in an autorikshaw bearing No.KL-14/H.2931.

According to the learned counsel for the petitioner, he is in custody for the last 52 days, he has no criminal antecedents, the investigation is over and

continued detention of the petitioner is not necessary.

Heard the learned Public Prosecutor also. The learned Public Prosecutor could not rebut the claim that the petitioner is a first time offender.

Whatever it may be, by this time, investigation must have been progressed considerably and the continued detention of the petitioner is not warranted.

Therefore, he 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

jurisdictional court;

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

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

iv) He shall appear before the Investigating Officer committal/trial court as and when required;

v) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments 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 will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.