Santhosh.M.R vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.58/2023 of Sreekandapuram Excise Range, Kannur, alleging offences punishable under Sections 55(i) and 67B of the Abkari Act.

According to the prosecution, the accused was on 10.05.2023, involved in selling 5 litres of Indian Made Foreign Liquor, carrying them on a scooter bearing Registration No.KL-59 -Y- 9297 and he was arrested from the spot.

Sri. B. Muhammed Saheel the learned counsel for the petitioner, contended that the prosecution allegations are false and that the petitioner is innocent. It was further submitted that petitioner had never sold any quantity of IMFL and that he was only possessing the quantity of liquor within the permissible limits. It was further contended that, since the petitioner was arrested on 10.05.2023, the continued detention would not serve any purpose.

Sri. T.V.Neema, the learned Public Prosecutor, opposed the grant of bail and contended that prosecution allegations are serious especially, since the petitioner had committed similar offences earlier. It was further submitted that, since the petitioner was arrested only on 10.05.2023, releasing him on bail at this juncture would cause prejudice to the investigation.

I have considered the rival contentions.

It is noticed that petitioner is alleged to have indulged in sale of Indian Made Foreign Liquor to the extent of 5 Litres. He is alleged to have been indulging in sale of IMFL in five bottles each containing 790 millilitres, at the time of seizure by the Excise Officers.

Even though petitioner is alleged to have sold IMFL on 10.05.2023, having regard to the period of detention already undergone, I am of the view that the continued detention would not serve any purpose.

Accordingly, I allow this application on the following conditions:-

a) Petitioner shall be released on bail on him executing 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 Court, Taliparamba(I/C).

b) Petitioner shall appear before the Investigating Officer as and when required.

c) Petitioner shall not commit any similar offences while he is on bail.

d) Petitioner shall not leave the country until conclusion of trial.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.