Shinoj vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.21/2022 of Parappanangadi Police Station, Malappuram District alleging commission of offences under

Sections 55(a) and (i) of the Kerala Abkari Act.

The allegation against the petitioner is that the petitioner had kept in his possession 3.250 litres of IMFL for the purposes of illegal sale and thereby,

he committed the offences alleged against him.

The learned counsel for the petitioner submits that there is nothing to suggest that the petitioner had kept the IMFL for sale. It is submitted that the

liquor was kept for his personal consumption and the quantity seized from the petitioner is only slightly above the legally permitted quantity. It is

submitted that the petitioner has been in custody from 7.1.2022 and his further detention is not necessary for the purposes of investigation into Crime

No.21/2022 of Parappanangadi Police Station.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the view that

the petitioner can be released on bail subject to conditions.

In the result this bail application is allowed. 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.10,000/- (Rupees ten thousand only) with two solvent sureties for the like sum to the satisfaction of the

jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No. 21/2022 of Parappanangadi Police station as and when called upon to do so;

(iii) 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. 21/2022 of Parappanangad Police station may file an application

before the jurisdictional Court, for cancellation of bail.