Sivasankaran vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.90/2020 of Cherupulassery Excise Range

Office, for having allegedly committed offences punishable under Sections 8(1) & (2) of the Kerala Abkari Act.

The prosecution case, in brief, is thus:- On 7.11.2020 at about 5.30 p.m, the Excise officials apprehended the applicant and found that he was in

possession of 2 litres of arrack in two plastic bottles and he was arrested on that day and remanded to judicial custody.

The applicant states that he is innocent and the allegations are not true and that a false case has been foisted against him. It is also stated by him

that he does not have any criminal antecedents. Hence, he may be granted bail.

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

The learned Public Prosecutor admits that the applicant has no criminal antecedents.

Considering the quantity of liquor involved, the antecedents of the applicant and the present pandemic situation, I find that further incarceration of

the applicant may not be necessary.

In the result, the Bail 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 conditions:-

(i) He shall appear before the investigating officer as and when called for,

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

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

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.