Shajahan vs State Of Kerala And Ors

Application for regular bail under Section 439 Cr.P.C.

The applicant is the sole accused in Crime No.2350/2020 of Chadayamangalam Police Station, Kollam, for having allegedly committed offence punishable under Section 55(a) & (i) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 14.12.2020 at about 00.30 hours, while the police party were on patrol duty, they got an information that the applicant is dealing with IMFL and engaged in sale of the same. They reached the house of the applicant and found that he was in possession of 13.375 litres of IMFL which was intended for sale kept in his bed room. Sale proceeds of Rs.2570/- was also seized by the police. The applicant was arrested and remanded to judicial custody and he has been in custody since then.

The applicant states that he is innocent and the allegations are not true and that he has no criminal antecedents. Considering these facts, the applicant seeks bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no other criminal antecedents. Considering the quantity of liquor involved and the present pandemic situation and also the fact that he has been incarcerated since 14.12.2020, I find no reason for further incarceration of the applicant.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

(1) He shall appear before the investigating officer as and when called for.

(2) He shall not attempt to influence or intimidate the witnesses.

(3) He shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.