Seetharama Rai.N 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.65 of 2023 of Kumbala Excise Range Office, Kasaragod, alleging offence under Section 58 of the Abkari Act, 1077.

According to the prosecution, on 20.05.2023, at 2.50 p.m., the accused was found in possession of 34.200 litres of IMFL meant for sale in Karnataka and thereby committed the offences alleged.

Sri.A.Arunkumar, the learned counsel for the petitioner contended that the allegations are false and the petitioner is totally innocent. It was further submitted that the petitioner was arrested on 20.05.2023 and has been in custody since then.

Sri.Manu P.G., the learned Public Prosecutor opposed the application and contended that the allegations are serious requiring custodial interrogation.

Having considered the circumstances of the case and the period of detention already undergone from 20.05.2023, I am satisfied that petitioner can be released on bail.

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 court having jurisdiction.

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

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.