Satheeshan N.V vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner is the sole accused in Crime No.113 of 2022 of Peravoor Excise Range Office, Kannur registered alleging commission of offences punishable under Sections 8(1), 8(2) and 55(g) of the Abkari Act.

The prosecution case is that on 30.12.2022 at 5.30 p.m. the accused was found in possession of 29.5 litres of wash near the building of one Jimmy Varghese in Kallerimala Melmuringodi road, in contravention of the provisions of the Abkari Act. Thus the petitioner has committed the abovesaid offences.

Petitioner submits that he has been falsely implicated in the abovesaid crime and that he is in custody from 30.12.2022 onwards.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner was found in possession of 29.5 litres of wash, but submitted that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and the fact that the petitioner is in custody from 30.12.2022 onwards and also taking note of the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to him on the following conditions:

(i) 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 appear before the investigating officer in Crime No.113 of 2022 of Peravoor Excise Range Office, Kannur on all Saturdays at 11.00 a.m. till the filing of charge sheet.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.113 of 2022 of Peravoor Excise Range Office, Kannur may file an application before the jurisdictional court, for cancellation of bail.