Shalin vs State Of Kerala And Anr

The applicant is the sole accused in Crime No.193 of 2020 of Karunagappally Excise Range, Kollam, for having allegedly committed offences

punishable under Sections 55(i) and 67B of the Kerala Abkari Act. The prosecution case, in brief, is this:

On 27.10.2020, at about 6.30 PM, while the Excise Inspector of the Karunagappally Excise Range and his party were on patrol duty, they saw the

accused selling Indian made Foreign Liquor, which was stored in his scooter bearing Reg No.KL-02-BF-2406 near Karunagappally-Shasthamkotta

and they recovered 20 litres of IMFL from his possession. He was arrested and remanded to judicial custody. He has been in custody since then. The

applicant states that he is innocent. He is a person who has returned from Dubai and there is no reason for him to get involved in sale of illicit liquor as

alleged by the prosecution. He has also no criminal antecedents and hence, he may be granted bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant

has no criminal antecedents. He has been in custody since 27.10.2020 and therefore, further incarceration of the applicant may not be necessary.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty

thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer as and when called for.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

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

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.