Seenapparai.A vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.228/2021 of Excise Range Office, Kumbala, Kasargod district, alleging commission of offence under Section

58 of the Kerala Abkari Act.

Allegation against the petitioner is that he was found in possession of 10.8 litres of Indian Made Foreign Liquor meant for sale in the State of

Karnataka. The liquor was found from the tailoring shop run by the petitioner.

Ms. Saira Souraj P., the learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted

that the liquor was found from a place which can be described as a ‘public place’ and was not found from the possession of the petitioner. It is

submitted that the liquor was found from a place where many persons have access and there is nothing to link the petitioner with the same. Finally, it

is submitted that at any rate, considering the nature of the allegations against the petitioner, his continued detention is not necessary for the purpose of

investigation into the matter.

I have heard the learned Public Prosecutor also. Learned Public Prosecutor submits that the liquor was seized from the tailoring shop of the

petitioner and that the contention of the learned counsel for the petitioner that the recovery is not from a place connected with him is not correct. It is

submitted that the quantity of the liquor recovered from the petitioner shows that it was meant for sale.

Having regard to the facts and circumstances of the case and taking into account the fact that the petitioner has been in custody from 27.12.2021

and also considering the fact that his continued detention is not necessary for the purpose of investigation, I am of the opinion that the petitioner can be

released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail

subject to the following conditions:-

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

jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.28/2021 of Excise Range Office, Kumbala,on every Saturday at 11 am until filing of the final

report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.28/2021 of Excise Range Office, Kumbala,;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No..28/2021 of Excise Range Office, Kumbala, may file an application

before the jurisdictional court, for cancellation of bail.